Proxy lists "Board Members" and not individual owner

I know little about HOA proxies as my state does not permit them. (Remind me to hug my legislator.)

But in the corporate world, proxies are often given to the Board or to Management. I would interpret this member's intent to allow the Board, as a whole, to cast his vote for him. I would guess that the member is expressing his full confidence in the current board.

Cathleen

If you are talking about a vote that requires owner voting then what the BOD thinks is of little concern. Meaning they are simply owners who will have to vote as an owner. Assigning a proxy to one person is not the same as assigning it to "The BOD".

I say that a proxy made out to "The BOD" should be disqualified. Were I on the losing end of a vote that had proxies assigned to "The BOD" (versus one person), I would see legal grounds to try and overturn the vote.

I love proxies, but they can be easily misunderstood and misused.

Cathleen

I am not nor do I play a lawyer.

While things can vary, especially in CA & FL, I say yes a new proxy could be done.

A proxy can be overridden by a later dated one. I sign/give one 01/01/13. On 01/02/13 I sign/give another. The one dated 01/02/13 is the latest and valid one. It negates the one given on 01/01/13.

A proxy can be withdrawn by the proxy giver showing up at the meeting, withdrawing their proxy and voting in person.

Most state corporation laws state how long a proxy is valid for. Sometimes it could be valid for only one meeting, one day. Sometimes it is valid for one year. Often a well written (not a tricky one) will have an expiration date.

While on proxies, there are two basic types and they can be intermixed in one.

Directed Proxy. Telling the Proxy Holder how to vote. Such as you will vote yes on a particular subject. You will vote for Cathleen for the BOD.

General Proxy. Allowing the Proxy Holder to vote as they see fit to vote.

A mixed one could say you will vote for Cathleen for the BOD. You may not vote for John to the BOD (the Directed parts). You can vote any other way on all other votes (the General part).

These variations/changes are some of the reasons many do not like proxies. Proxies can keep an election committee on its toes.

While I like proxies, I am the first to admit many are manipulated with the person giving it not understanding what they are given. Is that the fault of the writer or the giver?

Hope this helps

Cathleen,

To be honest, the easiest thing would be for the neighbor to fill out new paperwork. However, that doesn't really address the issue if someone else does it.

Often proxies will always be assigned to the Board. Therefore, the Board should address this issue in a Board meeting by deciding how general proxies will be cast (preferably prior to even sending out a proxy form). Note: the need for this can be minimized but not eliminated by using directed proxies vs. a general proxy.

Proxies are typically address in a State's corporate laws. Expecting that your Association is incorporated as a non-profit (most are, but check to be sure) the applicable law would be
WI Chapter 181 - Nonstock Corporations.

Section 181.0724 and section 181.0727 addresses proxies. Per those sections:

The corporation is entitled to 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 reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the member.

Therefore, per WI law, I don't see how the Association could reject the proxy simply because it named the Board as the proxy holder vs. naming an individual. Technically, since an incorporated Association is seen as a legal entity, and the decisions are made by the Board, the member simply gave his proxy to the Association.

My suggestion, call a special meeting of the Board to determine (by majority vote) how those proxies will be cast. When it comes to elections, our Board will simply vote to cast them for the first 5 (as there are 5 seats) named candidates.

Hope this helps,

Tim

Note: I am not an attorney and I do not work in the legal profession. I do have a lot of experience dealing with proxies as that was one of the issues within my Association in the past.