FL HOA PROXY - ORIGINAL - SCANNED OR FAXED

Hi.......

I have a queston with regard to FL HOA Laws regarding proxy votes and cannot find clarification on this anywhere....

I have several different answers and was told that a Scanned or Faxed Signed Proxy is valid and acceptable.......

Then I was told that it wasn't.......

Does anyone know definitely which is right?

Thank you....

Linda

FL Corporate laws and FL HOA laws would be applicable to proxies.

Per FL 720.306 (8):

8(a) To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.

Per FL 617.0721,

2) A member who is entitled to vote may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member or by his or her duly authorized attorney in fact. An appointment of a proxy is not valid after 11 months following the date of its execution unless otherwise provided in the proxy.

(b) A corporation may reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has a reasonable basis for doubting the validity of the signature on it or the signatory’s authority to sign for the member.

Based on the emphasized language above, it appears that it's up to the Board. If the Board has good reason to not believe a faxed copy is from the member, then they may reject it.

I would suggest that you ask your Board if they have a problem accepting a faxed proxy from you.

I am on the board and we always accepted faxed or scanned proxies....... An attorney who has a vested interest in changing the existing bylaws of the Master Association indicated at a meeting with regard to proxies that first and foremost they were deleting this from our bylaws amd that we could no longer accept proxies and when I stated that we have homeowners who reside out of the country and this might be the only option since they could fax or scan them over he was adamant that they would no longer have this option.... He has a very close friendship with another board member and this is what this board member wants......We went back and forth with this issue and someone asked him if in fact we could accept faxed or scanned proxies and he squirmed and made a ridiculous statement that "One wouldn't be arrested if they did......but well, no you really should not accept them." He didn't seem too confident in his answer and I searched all over FL 720 and cannot find anything that states that one CANNOT ACCEPT THIS........

But the question still remains..........are scanned and faxed proxies valid..... There is nothing nowhere that stays they aren't so in essence I would assume that they would be permitted...... This was the argument that we were having........ Are they or aren't they????

If you lived in VA, they would be valid (per VA § 13.1-847).

However, since you live in FL and FL statutes are silent, the Board must make that decision on their own. You are on the Board, so call for a vote and majority rules.

And you are absolutely correct...... The response that finally came back was both from a Property Mgmt. Co. and another from an attorney..... Both of their responses was YES they are allowed and have been used.... My argument all along was just like yours, if it doesn't say you can't then you can!!!

Thank you all......