proxy for annual meeting, question

Started by AndrewP3 • 9 replies • 1883 views

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AndrewP3 (Florida)
Posts: 4

Posted:

I read in robert's rules of order,somewhere but now can't find where. That it was okay having the two options on the proxies:
____ President of the Board of Directors or in his absence the Secretary of the Association, or
____ Other: _________________________________
(Name of Person to Vote for You)
Anyways using the same proxy form we used last year changing only the date, every member got the annual meeting notice along with a proxy form. (we wouldn't get a quorum without the proxies) We have staggered 2 yr terms so, last year the President and Secretary were not on the running for election. this year both were running for re-election to the Board. Objections were raised over the proxies.
Anyone know where it is in Robert's Rules of Order that deals with this?

KerryL1 (California)
Posts: 14,550

Posted:

Just guessing: Robert's would advise on your question. It is aimed at procedures during a meetings of an assembly, i.e., board or members at members meetings. It's not concerned with members who are not present in person. Perhaps Bruce of CT will give a clear answer.

We don't use proxys in our HOA, so I can't help, but there are plenty here who do and who will point you in the right direction.

EricH8 (Virginia)
Posts: 116

Posted:

I want the answer to that question too. It's a level playing field when only the board president or secretary is the easy default option.

It doesn't look like Robert's Rules has the answer.
http://www.robertsrules.com/faq.html#10
"the answers to any questions concerning the correct use of proxies, the extent of the power conferred by a proxy, the duration, revocability, or transferability of proxies, and so forth, must be found in the provisions of the law or bylaws which require or authorize their use."

EricH8 (Virginia)
Posts: 116

Posted:

Quote:

Posted By EricH8
It's a level playing field when only the board president or secretary is the easy default option.

It's not a level playing field when only the board president or secretary is the easy default option.

SheliaH (Indiana)
Posts: 6,964

Posted:

Somewhere on the Web, I recall seeing a plain English interpretation of Roberts Rules of Order, so you might try Goggling it (In fact, I think Roberts has its own website). As Kerry said, however, I don't know if it'll deal specifically with proxies, but we make them available if a homeowner wants to send someone in his/her stead to cast a vote in the Board of Directors. We usually change the dates on the proxies and keep the same language.

From what you wrote, it appears that people object to the president or secretary casting the proxy vote because they're also running for re-election, so the simple way to resolve it is for those homeowners to list someone else as proxy and bypass the people running for re-election! You might also check your documents to see if another Board officer could cast the vote and change the language accordingly. Our proxies also allow homeowners to nominate themselves or someone else to run for an empty seat or against someone who's running for re-election, so if a name's written down (it never has been), we would call for a vote on that person(s)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

While I like proxies, they can be easily misunderstood and abused.

It can be as simple as when proxies are given to the BOD it is the owner saying we like how the BOD does things so here is my authority to use my vote as you see fit. Keep up the good work.

Typically those that do not like proxies have had proxies "used" against their way of wanting to do things like elect themselves to the BOD. They blame proxies usage rather then the fact that not enough wanted them on the BOD (voted for them) no matter the voting methodology. Like blaming the messenger for the message.

Some people (BOD's included) have tricked people into signing proxies so they can vote the proxies as they wish. The most common abuse of proxies are by BOD's wishing to keep themselves on the BOD.

If someone cannot comprehend and/or misunderstands a proxy, it is not the fault of the proxy voting methodology. It is the fault of the proxy writer and/or the proxy signer. We often see this in elections where the wording of a ballot question means that by voting NO, one is actually saying YES to letting it happen.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the Board, Andrew? Recalling that I know nothing about proxies, can't your Board vote that any director seeking reelection may not be a proxy holder?

I still think you'll get advice from those who can offer more knowledgeable help. I did take a quick look at Robert's Rules in Brief and, as Eric shows, that's not where you'll get your answers.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kerry

I am not nor do I play a lawyer.

Typically any person or entity can be named as a proxy holder. I believe it would be wrong to say a BOD nor its members cannot be a proxy holder. As a proxy giver, I believe I can name anybody in the world to be the holder of my proxy. A proxy holder does not even have to be an owner.

Granted some BOD's have been known to play proxy shenanigans but that is their fault, not the proxies fault.

KerryL1 (California)
Posts: 14,550

Posted:

OK, JohnC--I'll take your word for it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KerryL1 on 12/07/2014 3:34 PM
OK, JohnC--I'll take your word for it.

Kerry

We are having our Annual Meeting in April. Would you care to come east (on your dime of course) to be my Directed (versus General) Proxy holder? You can get the feel for proxies that way.....LOL

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