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Power of Attorney for a proxy vote

Started by MikeG8 • 14 replies • 1866 views

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MikeG8 (New Hampshire)
Posts: 5
Posted:
Hello,

I live in an HOA in New Hampshire and was wondering if a power of attorney is required for an owner of record to allow someone else to sign and execute the owners proxy for voting purposes. We have a signed statement from the owner of record allowing a specified individual to sign and execute their proxy. The owner lives out of state and their son lives in their unit. Is the signed statement all we need and will it hold up in court if challenged?

Any comments would be greatly appreciated...

Thanks,

Mike
MarkM31 (Washington)
Posts: 556
Posted:
A POA shouldn't be needed, just a signed proxy. In fact, requiring a POA could be viewed as harassment
MikeG8 (New Hampshire)
Posts: 5
Posted:
The problem being is the signature on the proxy is not that of the owner of record but the owners son. NH condo law requires the signature of the owner of record or a duly appointed person to execute the deed.
GlenL (Ohio)
Posts: 5,491
Posted:
Mike, if you want a legal opinion, you should ask the HOA's attorney. A much cheaper and easier way would be for the son to mail his father the proxy, the father sign it and mail back. Viola problem solved for under a dollar.
Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
Voilà - I hate heteronyms
Studies show that 5 out of 4 people have problems with fractions
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By MikeG8 on 03/22/2015 9:42 PM
The problem being is the signature on the proxy is not that of the owner of record but the owners son. NH condo law requires the signature of the owner of record or a duly appointed person to execute the deed.

Huh?

Quote:
Posted By MikeG8 on 03/22/2015 9:27 PM
We have a signed statement from the owner of record allowing a specified individual to sign and execute their proxy. The owner lives out of state and their son lives in their unit. Is the signed statement all we need and will it hold up in court if challenged?

MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By MikeG8 on 03/22/2015 9:27 PM
Is the signed statement all we need and will it hold up in court if challenged?

Why would it go to court? You're taking this much too seriously. Sure you can ask the lawyer, that'll just cost $50
MikeG8 (New Hampshire)
Posts: 5
Posted:
The proxy was used for voting and is now being questioned by another owner. We would rather not spend the money on our attorney if we don't have to
GlenL (Ohio)
Posts: 5,491
Posted:
Mike would disallowing the proxy change the outcome of the vote?
Studies show that 5 out of 4 people have problems with fractions
MikeG8 (New Hampshire)
Posts: 5
Posted:
Yes it would.
GlenL (Ohio)
Posts: 5,491
Posted:
Interesting conundrum but if state law say that the proxy signatory must have the power to execute the deed and the son's POA is limited in scope then yep the proxy is invalid.
Studies show that 5 out of 4 people have problems with fractions
MikeG8 (New Hampshire)
Posts: 5
Posted:
Is there a statute of limitations for challenging the validity of the proxy and the vote itself?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Have I got this straight? The owner (father) gives his son (the resident) Power Of Attorney to act on his behalf. The son uses his Power Of Attorney to fill out a Proxy.

I say the Proxy stands as is.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mike,

The letter you received from the member, in my opinion, should treat the son as a PM and proxy holder for the Parents.

If your saying the Son is signing the proxy so someone else can vote for him, I don't think that should be allowed. The father assigned the son as the proxy and I don't believe a proxy can assign another proxy on the fathers behalf.

That being said, to be realistic, unless the issues you are facing are so divided, will one vote make a difference? If it will, get a legal opinion. If it won't, allow the proxy to stand but instruct that in the future the father will need to assign the proxy directly.

On a side note, unless a specific form is required by statute or your governing documents, an e-mail from the father assigning abc as proxy should be acceptable. Just advice that the father has the typical language in the e-mail that a proxy statement would.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Since it's being questioned by an owner, another option would be to set aside the proxy to wait for a determination from the attorney.

However, don't spend the money for a legal opinion until the votes are counted and you see if one vote would have made a difference. If it would - DO NOT announce the results of the vote. Simply say that the Board is awaiting legal opinion on some of the proxies and the results will be announced once that opinion is obtained. If it doesn't make a difference - counting the vote won't matter.

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