Proxy

Started by LisaB20 • 11 replies • 1618 views

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LisaB20 (South Carolina)
Posts: 2

Posted:

I read on this site the following:

Nor can you produce your own version, have them signed and then use them in a future vote in lieu of the document produced by the MC.

I would doubt that is even close to the agenda set forth in your documents.

A proxy must be written in a certain manner by the Board/MC not a group of owners.

My question is---where did the person replying to the question get their answer. I can't find a requirement the Proxy MUST be written by the Board or Management Company

Thanks

LisaB20 (South Carolina)
Posts: 2

Posted:

Posted By LisaB20 on 04/11/2014 8:43 PM
I read on this site the following:

Nor can you produce your own version, have them signed and then use them in a future vote in lieu of the document produced by the MC.

I would doubt that is even close to the agenda set forth in your documents.

A proxy must be written in a certain manner by the Board/MC not a group of owners.

My question is---where did the person replying to the question get their answer. I can't find a requirement the Proxy MUST be written by the Board or Management Company (South Carolina)

Thanks

GlenL (Ohio)
Posts: 5,491

Posted:

Lisa, could you provide a reference to your statement? It could be something specific to that person's HOA and written into their CC&R's. As to your statement, to the best of my knowledge, you are correct and you can provide a proxy as long as it is meets whatever requirement your state may have. Note not all HOA CC&R's allow proxy voting and some states such as Arizona have outlawed proxy voting in HOA's.

Studies show that 5 out of 4 people have problems with fractions

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Lisa, Welcome to the forum.

Without knowing the thread you read that from, I can't really respond except to say that they are likely in error. However, State laws vary and the statement may have been made based on State laws or be a question that was being answered or be something associated with the individuals governing documents. It's difficult to answer when what you are referencing is taken out of context.

Typically, for an appointment of proxy representative to be valid it needs:

The members name, address, lot address (if different)
The reason for assigning the proxy
The Name of the proxy representative
The members signature and date

KarenF5 (Tennessee)
Posts: 12

Posted:

This question is very timely for me!

I was approached and asked to run for Pres of our HOA for the expressed purpose of getting rid of the now-Pres who has voted herself in for the last 10 years. She is and has been nothing but a bully on a power trip! The proxy she has sent out conveniently leaves out any designated spaces for nominations. Realizing I need to check our By-Laws and TN law on this, are you saying that should those 2 places not specifically deny anyone else the right to produce a proxy, I could actually do one myself as long as it provides this information? That would be awesome considering how low in the gutter it is beginning to get with her!

Thanks in advance!
Karen

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I am not nor do I play a lawyer.

I have never seen any law, rule, regulation, etc. that set forth what a proxy must look like. As long as all the proper information is on the proxy, then I say it is valid.

KarenF5 (Tennessee)
Posts: 12

Posted:

Awesome! Thank you! I will check with the lawyer and make sure I can do this but this will make all the difference!

RogerB (Colorado)
Posts: 5,067

Posted:

Some HOAs we manage have specific rules on the use of proxies in order to alieviate abuse of their use.
Examples are:
One HOA provides an official proxy form with the unit ID printed on the form. No other form is accepted.
One HOA only allows 4 proxies to be presented for acceptance by the owners of a unit.

KarenF5 (Tennessee)
Posts: 12

Posted:

Thanks Roger! It appears that our By-Laws have no such language in them and they are not specific about who or where the proxy comes from; except to say it has to be a homeowner. And believe me when I tell you that the Pres now is not smart enough to know! Fortunately, we have a homeowner that works for the original builder so I can get a better copy of them if I need to. She has pledged to do whatever I need in order to oust this Pres.!

That will come in VERY handy! LOL

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By RogerB on 04/16/2014 8:15 AM
Some HOAs we manage have specific rules on the use of proxies in order to alieviate abuse of their use.
Examples are:
One HOA provides an official proxy form with the unit ID printed on the form. No other form is accepted.
One HOA only allows 4 proxies to be presented for acceptance by the owners of a unit.

Roger

I am not nor do I play a lawyer.

I would have issues with what you said.

Official Proxy Form: Could work for identification purposes but if limited in other ways then I say not correct. The OP said one issue was their "official" proxy only allowed voting one way.

4 Proxies Only: This I would have real issues with. Where the he!! did this come from? This is a real "control" issue.

I think what you have are Rules and Regulations put in place by a BOD and quite often R&R's is where BOD's try to "illegally/improperly" try to control things. Not that all BOD's R&R's are "wrong", but more then often, they are not "legal/correct".

RogerB (Colorado)
Posts: 5,067

Posted:

John, The restrictions to control fraudulent use of proxies comes from their Bylaws which were approved by their HOA Attorney. Their Bylaws state:

4.5 Proxies.
At all meetings of the Association, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary or designated agent of the Association at or before the time of such meeting. An Owner may not revoke a proxy except by attendance at the meeting, or by delivery of notice of revocation to the person presiding over the meeting of the Association, or by subsequent appointment of another proxy. A proxy will be voided if it is not dated; is not on an official proxy form; or purports to be revocable without notice. A maximum of four (4) proxies are allowed for the Owner of each Lot. A proxy shall terminate ninety (90) days after its date of execution.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By RogerB on 04/17/2014 11:21 AM
John, The restrictions to control fraudulent use of proxies comes from their Bylaws which were approved by their HOA Attorney. Their Bylaws state:

4.5 Proxies.
At all meetings of the Association, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary or designated agent of the Association at or before the time of such meeting. An Owner may not revoke a proxy except by attendance at the meeting, or by delivery of notice of revocation to the person presiding over the meeting of the Association, or by subsequent appointment of another proxy. A proxy will be voided if it is not dated; is not on an official proxy form; or purports to be revocable without notice. A maximum of four (4) proxies are allowed for the Owner of each Lot. A proxy shall terminate ninety (90) days after its date of execution.

Roger

Thanks for the reply.

I am a liker of proxy voting but I realize that they can easily misused especially when others do not understand them. That is the main reason I do not like restrictions on them such as only the BOD issued proxy, limit of 4, etc.

Again, thanks for the reply but we can agree to disagree.

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