Texas HOA - Invalid Proxy? Incorrect Date

Started by MichaelP11 • 3 replies • 1730 views

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MichaelP11 (Texas)
Posts: 2

Posted:

I am wondering if the proxy for our recent Annual meeting is invalid. The meeting was held on July 25th and the meeting notice itself was correct, however, on the Revocable Proxy, the meeting date is stated as July 27th. I think that because the proxy has the incorrect meeting date that the proxy would be invalid.

Any thoughts on this?

This is a revocable proxy by attending the meeting.

Thanks,

Michael

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Michael

I am not nor do I play a lawyer.

I would think the proxies are valid and those objecting are just not liking the voting results.

Done the opposite with the proxy expiring on the 25th and the meeting held on the 27th could be a whole different scenario. Also proxy changes received on the 26th and the 27th could present an additional scenario and one worth looking at if trying to overturn/cancel the vote.

Personally I like proxies but they can be tricky. They are often misused by those in power to stay in power/control. Quite often a simple word or two can drastically change the intent of a proxy thus misleading many. There are also different types of proxies. Articles of Incorporation often refer to proxy usage but the Articles can be different from state to state and business to business. In some cases Covenants and/or Bylaws can override the Articles.

I for one would need to see the actual proxy wording.

Hope this helps.

MichaelP11 (Texas)
Posts: 2

Posted:

Thanks for the feedback.

I've attached a copy of the proxy if that helps any.

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📄1816571735471.pdf(100 KB)

AllisonD (Florida)
Posts: 449

Posted:

All the proxies had the wrong date? was this a typo? If so, I would think that the Board could, at a meeting, correct the error by stating on the record that due to a typo, all the proxies for the previous meeting had the wrong date and the new date should be ______. Do you think there is something more sinister going on?

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