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JimB5 (Florida)
Posts: 7
Posted:
I am a Memberof BOD in FL HOA. Our CAM tells me that she had several owners grant their proxies to her to vote. She does not reside here or is not an owner of record.

I thought proxies were only able to be granted to Power of Attorney's of Owners and/or another Member in Good Standing of the Association?

Our C&R'S are not absolutely clear. Does FL Corp Law control?

PaulM (Pennsylvania)
Posts: 1,347
Posted:
JimB5:
Usually, a proxy is granted only to another 'member' (to be a member you are usually an owner of a unit/s) in the association.

What do your CC&Rs state on the use of proxies for your HOA?
RogerB (Colorado)
Posts: 5,067
Posted:
Jim, this is a conflict of interest so the proxies should not be accepted. "Our CAM tells me that she had several owners grant their proxies to her to vote."
DJ1 (Ontario)
Posts: 798
Posted:
Are HOA proxies any different from other proxies? I can designate ANYONE I want to represent me and vote my 'shares' for a stock. Don't see why giving a person the authority to represent me/and my vote at a HOA meeting would be any different.

If someone has 'power of attorney' for me they wouldn't even need my proxy to represent my interests, and again, don't see why this doesn't equally apply to HOA votes.

JimB5 (Florida)
Posts: 7
Posted:
I just do not think that if you are not a Member of the Moose Club (or HOA) why a Member of the Elks Club would be entitled to gather many proxies from "Members" and take control of the Moose Clubs Annual Meeting ?...A person with interest (owner) could be voted down by someone without any investment or interest in the Association?
DJ1 (Ontario)
Posts: 798
Posted:
"I just do not think that if you are not a Member of the Moose Club (or HOA) why a Member of the Elks Club would be entitled to gather many proxies from "Members" and take control of the Moose Clubs Annual Meeting ?...A person with interest (owner) could be voted down by someone without any investment or interest in the Association?"

I can see the potential for a 'conflict of interest' roger mentioned, BUT an owner is entitled to a vote so if they decide to appoint someone, that is their legal right. How do you invalidate their vote just because they assigned it to someone THEY chose to represent THEIR interest. Yes, THEY chose the (CAM) even if the CAM solicited the proxy because the owner could have said no.
JimB5 (Florida)
Posts: 7
Posted:
DJ..I fully agree that an "Owner of Record" is entitled to vote. Where it gets clouded is that if say the local Mayor of the City, (who is a very popular woman)was to go to the Owners and collect their Proxies to vote on issues or candidates for the BOD without having any interest in the Association and control the meeting by proxy. Is that a Legal Proxy too.?
BradD2 (Florida)
Posts: 418
Posted:
Florida Statute 720.306.8 says:

(8) PROXY VOTING.--The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. 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.

Do the proxies contain all of this?

The legal dictionary at lawyers.com says:
Proxy

Definition - Noun
[Middle English procucie, contraction of procuracie, from Anglo-French, from Medieval Latin procuratia, alteration of Latin procuratio appointment of another as one's agent]
1 : the act or practice of a person serving as an authorized agent or substitute for another ­used esp. in the phrase by proxy
2 a : authority or power to act for another
b : a statement or document giving such authorization
specif
: an oral consent or written document (as a power of attorney) given by a stockholder to a specified person or persons to vote corporate stock
3 a : a person authorized to act or make decisions for another
b : something serving to replace or substitute for another thing
Pronunciation'präk-sE


http://research.lawyers.com/glossary/proxy.html

While I think your community manager is self serving I think they have a right to the proxies. However, if I was you I would go out and get as many proxies as you can and if possible invalidate hers. You can also talk to the person who granted the proxy and get them to rescind it. Either way I would get rid of the community manager when it was over and done with.
JimB5 (Florida)
Posts: 7
Posted:
Brad, The Proxy form has all the required 720. I think I need to find some case law on the proxy voting. I am sure this has happened elsewhere. Thank you for your assistance.

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