Can a proxy speak at an Annual meeting!

I read dozens of pages on proxy discussions in the forum before posting, but only found ones related tot the proxy voting rights. My brother, a non owner is going to be a proxy at an upcoming annual meeting in NC. At the end of each meeting they allow for questions and comments - will my brother be allowed to speak/ask questions on behalf of this homeowner. The proxy states:
I, the undersigned homeowner do hereby constitute and appoint (insert name) as my true and lawful proxy, for me and in my name and stead to attend this homeowner's meeting and to cast any votes I may be entitled to make at this meeting.

Thanks for your input!
Darcy

The definition of a proxy is a representative or agent authorized to act for another. By that definition, a proxy may vote, speak, and make motions.

State corporate law may also specify what a proxy is authorized to do. For example, Connecticut's non-stock corporation act (which applies to HOAs that are incorporated) states: "A member entitled to vote by proxy or his agent or attorney-in-fact may appoint a proxy to vote or otherwise act for the member. . ." This would imply that a proxy at an HOA annual meeting in Connecticut could vote, speak, and make motions, just as any member.

Glen may have a point in that the wording of the appointment may limit the proxy's rights to just that of voting, but I would check your state's corporate laws first before coming to any conclusions.

Thanks Glen, Bruce & Kerry - I'm somewhat uncomfortable asking for limited power of attorney because my brother and I have only met him twice. He is 88 years old and just can't make the meeting. The reason he is having my brother be proxy instead of me is that they limit each person to 3 minutes. I have 2 questions of my own and Mr Harris has three of his own that have been posed to the Board via email but not answered. I want my brother to be able to ask them on his behalf but wasn't sure if it would be allowed. I am not running for anything - I have told the Board that I'm better suited as a volunteer and will donate as much time as they like to help them with compliance issues. Although they were hesitant at first I'm happy to report they are finally making an effort. I will check on the state statutes as suggested. Do you think a notarized letter from Mr Harris instructing Joe to ask these questions on his behalf using the proxy language from our Bylaws might be persuasive enough. I know you aren't lawyers but you pretty close to experts on my opinion and your input on the other questions I have asked has been spot on.

Thanks again!

I would suggest that you revise the Proxy to state:
I, the undersigned homeowner do hereby constitute and appoint (insert name) as my true and lawful proxy, for me and in my name and stead to attend this homeowner's meeting, to speak on my behalf, and to cast any votes I may be entitled to make at this meeting.

Of course you may get pushback that it isn't the standard proxy, but - and this is an important but - if it reflects the intent of the signer, then it should be respected by all. After all, he is not asking for more rights than he would have had if he was able to attend himself.

Going one step further, the Proxy could also state:
"I instruct my proxy to make the following statements and ask the following questions in my stead: Blah, blah, blah"

Even if a proxy has the right to speak, the president running the meting may not allow it. Remember, when people don't know the rules, they tend to make up their own.

Thanks Bruce & John & anyone else I failed to recognize - I'm going to go with your suggestions and see what happens - the association's attorney is scheduled to be there not sure if that will help or hurt our attempt but we've got nothing to lose by trying. I just hate that they have ignored this man's questions for months. He was an original owner since 1979 I encouraged him to send a certified letter if this doesn't work I'll help him do that.

Thanks again, helpful advise as always!