💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

KarenT (Washington)
Posts: 250
Posted:
Can all of you wise ones out there explain exactly what this means? Does it mean, 1) a person who gives a proxy to another person in their "stead" and is specifically for voting purposes? 2) does is mean a HOA member gives a proxy to another individual (not a member of the HOA) to attend meetings and do they vote?
BobD4 (up north)
Posts: 1,002
Posted:
"proxy" is widely applied - correctly or not - to both a piece of paper and to the individual / corporation receiving whatever authorization is given.

Might be easier to apply terms like and 'proxy-giver' or 'proxy recipient' or 'proxy-donor' and 'proxy-donee'.

As one of my fellow posters at CAFCOR.org loves to comment ironically : " Proxies are great. No eyes and no ears. . . "

Limits on who can give & receive should be checked in your state's laws & CCRs. Where condo laws empower a mortgagee/chargee to trigger transfer of vote (authority), such might also override a borrower's power to issue proxy too. Watch also how the term gets mixed up when the proxy document is used as a ballot.
KarenT (Washington)
Posts: 250
Posted:
So say a homeowners "father" who is not the homeowner or on the title to the house contends that he can come to the meetings with his daughter by proxy, the HOA can bar him from attending because he is not a "member"????
KarenT (Washington)
Posts: 250
Posted:
http://www.dailybreeze.com/article/ZZ/20130628/NEWS/130628840
BobD4 (up north)
Posts: 1,002
Posted:
so the issue for you is whether CCRs or condo by-laws, can restrict a proxy-donor's choice of proxy-donee to no one but an owner of record ?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By KarenT on 01/26/2016 9:13 AM
So say a homeowners "father" who is not the homeowner or on the title to the house contends that he can come to the meetings with his daughter by proxy, the HOA can bar him from attending because he is not a "member"????


This is dependent upon state laws and the association's bylaws.

In my state, we are not permitted to use proxies in HOA's or condos. We may designate someone to attend a board meeting in our place but there is no provision that I am aware of for allowing someone to attend a members' meeting in place of the owner. Part of the reason we do not use proxies is that every membership vote must allow voting in person or by mail; this pretty much precludes making motions or nominations from the floor.

From what I have read about proxies, the person who attends the meeting with someone else's proxy in hand must be a member himself. In the example you give, the father could not attend or vote because he is not a member, regardless of having his daughter's proxy authorizing him to do both.

KarenT (Washington)
Posts: 250
Posted:
Our CCR's and by-laws do not address "proxy". It does indicate "membership" as an owner in fee simple .... owned, leased or possessed in the State of Washington.
PatriciaH4 (Texas)
Posts: 42
Posted:
Our documents allow proxies - and our attorney told us that a homeowner can select anyone to be their proxy - it doesn't have to be another homeowner. This is what we sent out to homeowners to help explain -

A proxy is a form that gives someone the authority to represent another person. Our HOA proxies are used in two ways – one is to represent households not in attendance at the meeting in order to achieve quorum (percentage of members or households needed to conduct business); the other is so those households not in attendance can have a vote cast in any business conducted.

Proxies are NOT ballots (so no candidates are named on the proxy)– they are simply to allow a household to choose a representative to vote FOR them.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Agree with Patricia on everything but her last sentence. In states where secret voting is not required, you can use the same form as both a proxy and a ballot.

Re the father vs lawyer as proxy-holder discussion - There is good reason to treat them differently. A lawyer has an unfair advantage over lay people - A lawyer who doesn't know the applicable law can make others think that he does. The board shouldn't have to dance at the end of the string that the lawyer tries to hang them from. Control must be maintained by the board, and that can be a hard enough job even when the attack is coming from a non-lawyer.

Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:

Proxy: Someone who is authorized to serve in one's place at a meeting, especially with the right to vote on behalf of another.

Proxy Voting: The procedure of delegating the right to vote by one person to another.

Proxy Designation Form - The written document, signed by the member, identifying whom the proxy representative is. This form may be in many different forms and State corporate laws may or may not require specific things be included on the form.

General Proxy: A general proxy allows a proxy holder to vote on any matter that may be undertaken.

Directed proxy - directs the proxy representative to cast votes a specific way.

For more info, see:

The Ins and Outs of Proxy Voting from the NY Times

To Proxy or Not to Proxy, that is the Question from a FL legal firm

Controlling Proxy Abuse from A Guide for Association Practitioners

GenoS (Florida)
Posts: 4,276
Posted:
He is acting as my proxy.
He is my proxy.
He holds my proxy.
I gave him my proxy.
Let me sign this proxy and give it to you.

All mean essentially the same thing. It's a malleable word that has nuanced meaning depending on context. You see it enough and you eventually come to grips with its common uses. Which is bad, in a way, because it can be mis-used and often is, sometimes on purpose and sometimes not.
KarenT (Washington)
Posts: 250
Posted:
Thank you everyone! Very helpful information and opinions! We also found a very interesting article regarding this as well for anyone interested.

http://www.parli.com/newsletter/proxy-voting
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Karen

I say if you docs do not mention proxies, as is does not ban them, than they are allowed. You might want to check your state's articles of incorporation to see what they say about proxies.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here