A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

proxy forms

Started by DianaE • 10 replies • 1513 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DianaE (Colorado)
Posts: 40
Posted:
Can members request to see the actual proxy forms after election? Our MC is the one who counts them before election meeting, and no one ever questions it or looks at them. So many members just send the proxies back to her and let her vote any way she wants. Or so it seems.......
DavidW5 (North Carolina)
Posts: 565
Posted:
Quote:
Posted By DianaE on 02/27/2013 3:55 PM
Can members request to see the actual proxy forms after election? Our MC is the one who counts them before election meeting, and no one ever questions it or looks at them. So many members just send the proxies back to her and let her vote any way she wants. Or so it seems.......

Do you really mean that your Management Company representative (MC) casts votes on uninstructed proxies? Proxies can be of two types: instructed and uninstructed. In the first type the association member granting the proxy directs how their vote(s) are to be cast. In the second type the association member granting the proxy gives their vote to the person holding the proxy to cast as they see fit.

If your members are foolish enough to give the management company an uninstructed proxy then the deserve what they get.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By DianaE on 02/27/2013 3:55 PM
Can members request to see the actual proxy forms after election?

Short answer is yes.

Colorado law (likely corporate law) will make the determination if the Association has to comply with the request.

Quote:
Posted By DianaE on 02/27/2013 3:55 PM

So many members just send the proxies back to her and let her vote any way she wants. Or so it seems.......

This is standard.
However, this doesn't prevent you or any other member from canvasing the membership and have them assign you as their proxy representative.

DianaE (Colorado)
Posts: 40
Posted:
The proxy form states "....to attend and represent the undersigned...and on behalf of the undersigned, to vote on any question, proposition, or resolution or on any other matter which may come before said meeting..."

I figure this covers just about anything the proxy holder wants to do.
DianaE (Colorado)
Posts: 40
Posted:
Hard to get other owners to assign me as their rep when so many live out of state/country. This is why the members who are here usually just give up and the MC has her way.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By DianaE on 02/27/2013 6:23 PM
Hard to get other owners to assign me as their rep when so many live out of state/country.

So you need to request a copy of the membership list, draft a letter as to why you desire an issue to be adopted or to fail and then mail that letter with a proxy form to the non-resident members. For the resident members, you go knock on doors. Not that hard. It takes some time, energy and some money for postage.

If the issue is important enough to you, you will probably find that time, energy and money.

If the issue isn't that important, you won't find the time, won't have the energy or won't want to spend the money.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Diana

My belief is it is easier to get things done when proxies are allowed. Why you might ask?

1. They can count toward a Quorum so one does not have to attend the meeting.

2. Allows one to vote without attending.

3. A later one can override and earlier one so one can change their mind upto the last minute.

4. One gets the opportunity to present their views on how things should/could be done when asking for the Proxy.

Most Proxy abuse comes about when:

1. The BOD/Management Company send them out with an agenda and they mislead people their way with confusing wording.

2. Many people do not know what they are signing. See above #1.

Personally, I love Proxies.

DianaE (Colorado)
Posts: 40
Posted:
The reason I have a problem with proxies is that at our annual meting, members have no idea who will show up, and usually it is just a handful of people. So at the yearly meeting, the question is asked "does anyone want to be on the board" and it goes from there. How can someone from afar send in a proxy when he doesnt even know who is "running". So it comes down to the MC having her name filled in to vote for whomever she wants. Maybe the absent members are leaving their form blank and just want it for quorem count, but who would know if the members present never see the forms?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Diana

If one is unable to attend, and yes names will/should pop up at the last moment, the answer is to give your non-directed proxy to a friend/fellow owner attending the meeting whose decision you will feel comfortable with.

Most proxies are "given" to people that one knows nothing about, much less trusts them.

Also one could have a "dual proxie". A proxy both Directed and Non Directed. Directed as telling your proxy holder to vote one way. Non Directed allowing them to vote which ever way they desire on other issues.

The problems are not proxies. The problems are those misusing them and/or those not understanding them.

I love proxies.

DianaE (Colorado)
Posts: 40
Posted:
What good reason would there be for the MC to not let me look over the proxy forms? Its not like a dozen people would want to look at them after the vote. Unless she has something to hide, I should think it is no problem.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By DianaE on 02/28/2013 3:57 PM
What good reason would there be for the MC to not let me look over the proxy forms?

Some Associations won't provide what they don't have to.
Some Associations will provide everything, all you need to do is ask.
Some Associations will provide nothing without a court order.

As I said earlier, it depends on your States applicable laws and governing documents what your Association are required to provide and it's up to the individual responding to the request understanding of those laws and their reaction to the style of the request (polite, friendly, confrontational, etc.).

Have you sent your request to the your Board yet?

If you have, what was their response?
If you haven't, a polite letter should be enough to request to view the election documents.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement