condo voting/proxies

Started by CharlesG5 • 9 replies • 1751 views

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CharlesG5 (Florida)
Posts: 60

Posted:

Live in an FLORIDA HOA Community, I would like to know if this is true about CONDO voting. I have been told that proxies are used only for getting a quorum for the annual meeting. Those registered unit owners attending the annual meeting then vote for the board of directors.

Proxies are for a quorum. Registered voters attending the meeting get to vote.

AmandaR2 (South Carolina)
Posts: 566

Posted:

Boards often rely on proxies to fulfill a quorum requirement at annual meetings. I believe all by-laws state no official business may be conducted without meeting a quorum present. A proxy is simply a form of voting where members can delegate their voting power to another member to vote in their absence. They can be used whether or not a quorum is relied upon to make a decision.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Charles

I am not nor do I play a lawyer.

A Proxy can be used for many things including Quorum, but is can also be used to vote. General Proxy gives someone authority to vote for you on basically anything. A Directed Proxy tells them how to vote on specific items.

A single Proxy could be all 3 if worded properly. A Proxy could be for Quorum only if worded properly.

No to your question. If the Proxy is worded that it only counts toward Quorum then yes those that attend and vote at the meeting could be the ones controlling.

200 owners. 101 Proxys submitted for Quorum only so a Quorum is established. Only 20 actually attend the meeting and vote. 11 voted one way, they win. Thus 11 out of 200 controlled.

Hope this helps.

AmandaR2 (South Carolina)
Posts: 566

Posted:

Quote:

Posted By JohnC46 on 01/10/2015 8:49 AM
Charles

I am not nor do I play a lawyer.

A Proxy can be used for many things including Quorum, but is can also be used to vote. General Proxy gives someone authority to vote for you on basically anything. A Directed Proxy tells them how to vote on specific items.

A single Proxy could be all 3 if worded properly. A Proxy could be for Quorum only if worded properly.

No to your question. If the Proxy is worded that it only counts toward Quorum then yes those that attend and vote at the meeting could be the ones controlling.

200 owners. 101 Proxys submitted for Quorum only so a Quorum is established. Only 20 actually attend the meeting and vote. 11 voted one way, they win. Thus 11 out of 200 controlled.

Hope this helps.

I stand corrected, just logged in after giving this question more thought, to add more or less what John has said "a proxy could be for quorum only, if worded properly". You beat me to it.

KerryL1 (California)
Posts: 14,550

Posted:

We don't use proxys in my HOA, Charles, but FL may have statutes that tell you how/when/for what purpose you may use them. I've seen quite a few FL posters here, so maybe one will help you.

What do your own documents, probably your bylaws say about this, Charles? Take a look!!

At first glance and from what little I know about them, proxys are, indeed, used by the membership to vote for, say, directors, or document revisions.

KerryL1 (California)
Posts: 14,550

Posted:

Here's the condo statute in FL. Note that it says your own docs prevail is different that this. so you need to read them as already suggested.

Also note that there may be other parts of FL 720 that elaborate or better explain this topic.

720.306 Meetings of members; voting and election procedures; amendments.—
(1) QUORUM; AMENDMENTS.—
(a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained. A meeting of the members must be held at a location that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting.

CarolF (Florida)
Posts: 435

Posted:

720 are the HOA (single family homes) statutes. 718 are the Condo statutes. The voting procedure is very different.
Please read 2014 Title XL Chapter 718.112 (it is long and very specific)
The main points are:

4. The members of the board of a residential condominium shall be elected by written ballot or voting machine. Proxies may not be used in electing the board in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter……………….

There is no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election. A unit owner may not permit any other person to vote his or her ballot, and any ballots improperly cast are invalid.

KerryL1 (California)
Posts: 14,550

Posted:

Jeez,Carol F, I thought 720 said condos. My DOH! Anyway, I'm very glad you set the record straight for Charles

SheliaH (Indiana)
Posts: 6,964

Posted:

Ours is used for both. The proxy is used to achieve quorum and homeowners can also list themselves or the name of another homeowner he/she would like to nominate to serve on the board. It's also used to name someone who will attend the meeting and vote in the homeowner's behalf or the homeowner can designate the president to cast the vote.

You should check your documents (probably the Bylaws) to see what it says about the use of proxies

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

CarolF (Florida)
Posts: 435

Posted:

Here is an article written by a FL attorney and published in the SunSentinel paper on Jan. 15th

http://blogs.sun-sentinel.com/condoblog/2015/01/condominium-and-hoa-election-procedures.html

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