HOW TO HANDLE ASSIGNED PROXIES?

Started by TomW • 7 replies • 1607 views

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TomW (Utah)
Posts: 31

Posted:

I am on a (5) member Board for an (80) unit HOA complex and have been assigned voting proxies for our upcoming Annual Meeting in three weeks. Unfortunately I now have a conflict that will not allow me to attend the meeting. What is the proper way to handle the proxies that have already been assigned to me for this upcoming meeting? Can I choose to assign my proxies to another person or does this need to be done by the person that originally assigned their proxy to me?

TomW

KarenC15 (Florida)
Posts: 118

Posted:

I'm curious what "assigned" means. My HOA does a default to the president so the president can vote for whatever board they choose, including themselves. I don't think it's right (at least it doesn't sound right), so I'd love to know what you guys are doing.

Hatred is contagious, so one should work to avoid it.

TomW (Utah)
Posts: 31

Posted:

KarenC,
I this case I happen to be the President and many owners have already requested me to represent them at the Annual Meeting by designating me as their proxy representative. Since I will now be unable to attend the meeting, and also unable to participate by phone due to my travel schedule, I need to ensure that the owners who have designated me as their proxy are properly represented. Our Bylaws do not address this but they do state that the Vice President shall act as President in the case of the President's absence or inability to attend.
My question is, can I designate the Vice President to represent me, which will then represent the owners who have already designated me as their proxy representative?

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By TomW on 08/28/2013 12:38 PM
Can I choose to assign my proxies to another person?

TomW

Nope.

The proxy identifies a specific individual to vote in place of the person issuing the proxy. You would have to notify the person that issued the proxy to issue a new proxy to a different person. In most states, this revokes the proxy that was given to you. Also, in most states, proxies for HOAs follow the proxy requirements in the state's corporate laws and ANY person can be named as a proxy.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By TomW on 08/28/2013 1:05 PM
My question is, can I designate the Vice President to represent me, which will then represent the owners who have already designated me as their proxy representative?

Again, nope.

The provision of your bylaws that state that the vice-president acts in place of the president during the president's absence does not extend to proxies which are governed by state corporate law regarding proxies.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By BruceF1 on 08/28/2013 2:09 PM

I am not nor do I play a lawyer.

This would be my understanding also.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

you VOLUNTEERED to be the president

do your FIDUCIARY DUTY and attend the MOST IMPORTANT meeting or RESIGN

sorry for the tough love, but, GEEEEEEEZ

imo: only YOUR or, God forbid, an immediate family member's death, or an INCAPACITING illness would be valid cause to NO SHOW at the annual meeting

to everyone else: CAVEAT EMPTOR

TimB4 (Tennessee)
Posts: 21,062

Posted:

Tom,

If you were named as the Proxy Representative (vs. simply naming "the board of Directors), and you are unable to attend the meeting, you may not assign someone else to cast those proxies on your behalf. However, you could contact the member who issued the proxy and ask that they name someone else.

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