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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DWayneD (Texas)
Posts: 11
Posted:
Should Proxy Ballots be Notarized to be legal?
SheliaH (Indiana)
Posts: 6,964
Posted:
That probably depends on what you're voting for. In our community, we use proxies in the annual meeting - owners can designate someone to attend the meeting and vote on his/her behalf, or have the Board president do it. The proxy is also used to help establish a legal quorum.

For board elections, I don't think notorizing the document is necessary - that takes more time and expense - and then there would be an argument as to whether the homeowner or the Association should pay for it. If there's an issue over whether funny business might occur with collecting the ballots, counting the ballots or such, I suppose you can require that everyone attend the meeting in person and sign in before the votes are taken. If an owner lives off site, he/she will just have to make the time to attend.

If you're voting for something like amending the Bylaws or CCRs, I wouldn't use proxies at all. Those ballots may need to be notorized, perhaps to ensure whoever signed it is, in fact the owner of the property and he/she is current with all fees (this is what our documents require).

Read your documents for a clear answer - that's where you should look first when you have questions. If they're unclear or the answer isn't addressed, talking to the Association attorney would help.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,062
Posted:
Dwane,

First, proxies and ballots are two different things.

A proxy authorizes an individual to cast vote/s on the members behalf.
A Directed proxy authorizes an individual to cast vote/s on the members behalf but directs them to vote a specific way.
A Ballot is what written votes are cast on.

Typically, proxies do not need to be notarized. The Association should accept a proxy unless they have good faith to believe that the proxy is fraudulent.
MarleeS (Florida)
Posts: 50
Posted:
I answered this and it wasn't posted.

In FL it must be signed by both owners and dated.
and....I would say certified by your mgm't to make sure both names on title are on the signature line.

🎯 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