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RonW7 (Ohio)
Posts: 122
Posted:
Our community has a few instances where residents who we thought were association members are actually just family or friends of association members who are allowing their tenants to reside at their property while the actual members themselves reside elsewhere. These non-member residents have been on all association correspondence for the past 5-10 years and have even been casting votes without a proxy.

I know that association members can cast proxy votes during elections and meeting where business is being conducted, but is it possible for a non-member resident to act as a permanent "member by proxy" so that the non-member residents can act as a virtual member who can receive all correspondence and be assessed fees by the association without the actual members having to ever be notified?
GlenL (Ohio)
Posts: 5,491
Posted:
Ron that really is a question you should ask the HOA's attorney about. As I understand it, a proxy is only valid for a specific purpose i.e. voting at the annual meeting and depending on the state is invalid after a certain amount of time. What you are describing is making the resident the homeowner's agent, which can have drawbacks to the HO depending on how it is worded, imagine finding out your "agent" sold your property without your knowledge.

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
Ohio's proxy statute can be found here: http://codes.ohio.gov/orc/1701.48

Studies show that 5 out of 4 people have problems with fractions
JohnB26 (South Carolina)
Posts: 1,001
Posted:
"Membership is appurtenant to and may not be separated from ownership."

Obtaining a member's proxy to vote does NOT give membership.

Your state's corporate law will determine time frame(s) for proxies.

S.C. = 11 months unless specified differently by stating actual dates on proxy itself (but limited to 3 years maximum).

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