EdL5 (Florida)
Posts: 5
Posts: 5
Posted:
Should a ballot with a list of candidates be included with the proxy letter?
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Only if your voting by mail or if the proxy form is for a directed proxy.
A ballot is a piece of paper used to record your vote.
A proxy is a piece of paper used to identify someone to cast a ballot on your behalf.
A proxy can be a general proxy, a directed proxy or a proxy only for quorum purposes.
A general proxy identifies someone to vote on your behalf
A Directed proxy identifies someone to vote on your behalf and instructs them to cast that vote a specific way
A proxy for quorum purposes only is just that, it identifies someone to represent you as attending the meeting for the purpose of obtaining a quorum only. No vote is cast on your behalf
Laws for proxies are usually found under corporate law. Corporate law is applicable if your Association is incorporated (most are).
A ballot is a piece of paper used to record your vote.
A proxy is a piece of paper used to identify someone to cast a ballot on your behalf.
A proxy can be a general proxy, a directed proxy or a proxy only for quorum purposes.
A general proxy identifies someone to vote on your behalf
A Directed proxy identifies someone to vote on your behalf and instructs them to cast that vote a specific way
A proxy for quorum purposes only is just that, it identifies someone to represent you as attending the meeting for the purpose of obtaining a quorum only. No vote is cast on your behalf
Laws for proxies are usually found under corporate law. Corporate law is applicable if your Association is incorporated (most are).
EllieD (Vermont)
Posts: 446
Posts: 446
Posted:
EdL5,
Is your Association a Condominium or a HOA Association?
Is your Association a Condominium or a HOA Association?
EdL5 (Florida)
Posts: 5
Posts: 5
Posted:
It is an HOA
No it's not missing--the way it's supposed work is that anyone who wants to nominate themselves needs to send in the Notice of Intent to be a Candidate or else tell the bod they want to be on the ballot [this includes the current bod members, so tell me or Marie T. if you want to run again--according to our Articles of Incorporation, bod members are only elected for 1 year and need to be re-elected each year, though I know this is not how past elections have been handled]; as of the last meeting, Karen had not received any nominee forms yet. People are supposed to let us know by the 15th i think--this is all in the letter. Ballots will be handed out to everyone at the meeting after everyone attending registers; if someone present wants to add their name at the last minute, they can do so. According to the rules for elections, ballots are not sent out because only the lot owners present are supposed to vote, or their designated proxy [and only 1 of the owners can vote, not both]; if there is a quorum, the 7 people that have the most votes will win; if there isn't a quorum then whoever wants to stay on the bod can, and if more people are needed to make up the 7, then anyone at the meeting can volunteer to fill the empty spots. So far the only one that has told me they want to run is Marie P
This is the answer I received when I asked if a ballot should have been with the proxy letter.
No it's not missing--the way it's supposed work is that anyone who wants to nominate themselves needs to send in the Notice of Intent to be a Candidate or else tell the bod they want to be on the ballot [this includes the current bod members, so tell me or Marie T. if you want to run again--according to our Articles of Incorporation, bod members are only elected for 1 year and need to be re-elected each year, though I know this is not how past elections have been handled]; as of the last meeting, Karen had not received any nominee forms yet. People are supposed to let us know by the 15th i think--this is all in the letter. Ballots will be handed out to everyone at the meeting after everyone attending registers; if someone present wants to add their name at the last minute, they can do so. According to the rules for elections, ballots are not sent out because only the lot owners present are supposed to vote, or their designated proxy [and only 1 of the owners can vote, not both]; if there is a quorum, the 7 people that have the most votes will win; if there isn't a quorum then whoever wants to stay on the bod can, and if more people are needed to make up the 7, then anyone at the meeting can volunteer to fill the empty spots. So far the only one that has told me they want to run is Marie P
This is the answer I received when I asked if a ballot should have been with the proxy letter.
EllieD (Vermont)
Posts: 446
Posts: 446
Posted:
EdL5,
What do your Bylaws state about how Directors are to be elected? Perhaps you could post the applicable portions. And what type of Proxy did you receive?
In my Association (not in Florida) we typically use a General Proxy only. When we send out the Meeting Notice, which includes a separate Proxy Form, as part of the Meeting Notice, NOT the Proxy, we list the Candidates running. We can also accept nominations from the floor.
I asked whether Condo or HOA, because while I do not live in Florida, I do subscribe to several blogs, newsletters re Florida.
I received this one a few days ago:
http://www.floridacondohoalawblog.com/2013/02/articles/qa/bylaws-may-require-living-in-condo-in-order-to-serve-on-board-2/
which reads in part:
Question: We have been having a debate in our HOA about the use of general and limited proxies. We understand from your January 27, 2013 column that for condominiums, general proxies cannot be used. Is this the same rule for homeownersâ associations? Our proxy states that the proxyholder âhas the authority to vote and act for me to the same extent that I would if personally present.â The proxy also authorizes the holder of the proxy to âcast my ballot in the Directorâs Election.â Is this legal?
Answer: Absent a contrary provision in your bylaws, yes.
This is one area where the laws applicable to condominiums and homeownersâ associations are very different. In the condominium context, proxies cannot be used in the election of directors. Absentee unit owners may vote on other matters (reserve and audit waivers, rollover of surplus funds, etc.) only through a âlimited proxyâ, sometimes called a âdirected proxyâ, which is in essence an âabsentee ballot.â In the condominium context, general proxies may only be used to establish a quorum, and for voting on non-substantive and procedural items, such as the approval of minutes.
In the HOA context, the rules are much different. First, the Florida Homeownersâ Association Act permits a âcondominium-styleâ election of directors (through use of secret ballots), if authorized by the bylaws. In such cases, it would not be appropriate to use proxies in the election. Absent such a provision, the election of directors in homeownersâ association is conducted in the same manner as all other business of the association.
Section 720.306(8) of the Florida Homeownersâ Association Act simply provides that âmembers have the right, unless otherwise provided in this subsection or the governing documents, to vote in person or by proxy.â Accordingly, and again recognizing that the specific bylaws will control the ultimate answer, there is no prohibition in the law against using general proxies at the annual meeting of a homeownersâ association both in the election of directors and voting on other items of business which may properly come before the members.
What do your Bylaws state about how Directors are to be elected? Perhaps you could post the applicable portions. And what type of Proxy did you receive?
In my Association (not in Florida) we typically use a General Proxy only. When we send out the Meeting Notice, which includes a separate Proxy Form, as part of the Meeting Notice, NOT the Proxy, we list the Candidates running. We can also accept nominations from the floor.
I asked whether Condo or HOA, because while I do not live in Florida, I do subscribe to several blogs, newsletters re Florida.
I received this one a few days ago:
http://www.floridacondohoalawblog.com/2013/02/articles/qa/bylaws-may-require-living-in-condo-in-order-to-serve-on-board-2/
which reads in part:
Question: We have been having a debate in our HOA about the use of general and limited proxies. We understand from your January 27, 2013 column that for condominiums, general proxies cannot be used. Is this the same rule for homeownersâ associations? Our proxy states that the proxyholder âhas the authority to vote and act for me to the same extent that I would if personally present.â The proxy also authorizes the holder of the proxy to âcast my ballot in the Directorâs Election.â Is this legal?
Answer: Absent a contrary provision in your bylaws, yes.
This is one area where the laws applicable to condominiums and homeownersâ associations are very different. In the condominium context, proxies cannot be used in the election of directors. Absentee unit owners may vote on other matters (reserve and audit waivers, rollover of surplus funds, etc.) only through a âlimited proxyâ, sometimes called a âdirected proxyâ, which is in essence an âabsentee ballot.â In the condominium context, general proxies may only be used to establish a quorum, and for voting on non-substantive and procedural items, such as the approval of minutes.
In the HOA context, the rules are much different. First, the Florida Homeownersâ Association Act permits a âcondominium-styleâ election of directors (through use of secret ballots), if authorized by the bylaws. In such cases, it would not be appropriate to use proxies in the election. Absent such a provision, the election of directors in homeownersâ association is conducted in the same manner as all other business of the association.
Section 720.306(8) of the Florida Homeownersâ Association Act simply provides that âmembers have the right, unless otherwise provided in this subsection or the governing documents, to vote in person or by proxy.â Accordingly, and again recognizing that the specific bylaws will control the ultimate answer, there is no prohibition in the law against using general proxies at the annual meeting of a homeownersâ association both in the election of directors and voting on other items of business which may properly come before the members.
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