TpS (Texas)
Posts: 3
Posts: 3
Posted:
How long is a proxy good for when voting for Elections, Bylaws, Deed Restrictions.
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Texas Proxy
Started by TpS • 10 replies • 2028 views
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JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
TpS
I am sure you will get an answer from someone in TX but typically a proxy expires in one year or upon the date or end of event specified in the proxy.
I am sure you will get an answer from someone in TX but typically a proxy expires in one year or upon the date or end of event specified in the proxy.
TpS (Texas)
Posts: 3
Posts: 3
Posted:
yes.. I hope so... Our board usually only has a proxy for the elections, or any other type of voting that will be taking place. And it expires that night.
but we have just heard others are trying to go around and get their own proxies that are good for 11 months.
Our current bylaws only say that a proxy or absentee can be used nothing about expiration etc....
but we have just heard others are trying to go around and get their own proxies that are good for 11 months.
Our current bylaws only say that a proxy or absentee can be used nothing about expiration etc....
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By TpS on 07/18/2016 7:08 AM
yes.. I hope so... Our board usually only has a proxy for the elections, or any other type of voting that will be taking place. And it expires that night.
but we have just heard others are trying to go around and get their own proxies that are good for 11 months.
Our current bylaws only say that a proxy or absentee can be used nothing about expiration etc....
yes.. I hope so... Our board usually only has a proxy for the elections, or any other type of voting that will be taking place. And it expires that night.
but we have just heard others are trying to go around and get their own proxies that are good for 11 months.
Our current bylaws only say that a proxy or absentee can be used nothing about expiration etc....
There's a bigger issue than how long the proxy is good for: What can the proxy holder vote on?
A proxy is somewhat similar to a power of attorney. It creates a fiduciary responsibility. The laws protect the signer from abuses by the holder.
So .......
If the signer isn't informed in writing BEFORE SIGNING THE PROXY who the election candidates are or what proposal is being decided, then IMO your HOA can reject those proxies.
A proxy is not an unlimited transfer of rights. It is only an authorization for someone to vote the way the signer would want them to. But if the signer doesn't know what the actual choices are in advance, then IMO it's a sham.
Sikubali jukumu. Read all posts at your own risk.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Also, your docs aren't the only rules that apply.
There's probably some statement in your docs or your state statute that acknowledges that the laws of Agency apply. Fiduciary responsibilities, Powers of Attorneys, Proxies, etc. all fall under Agency laws - Those standards are universal (not limited to HOAs) in your state and do not have to be spelled out in your docs.
There's probably some statement in your docs or your state statute that acknowledges that the laws of Agency apply. Fiduciary responsibilities, Powers of Attorneys, Proxies, etc. all fall under Agency laws - Those standards are universal (not limited to HOAs) in your state and do not have to be spelled out in your docs.
Sikubali jukumu. Read all posts at your own risk.
TpS (Texas)
Posts: 3
Posts: 3
Posted:
Thanks/// I totally agree with you.. But I think I am going to have a fight on my hands with a few that are trying to pass these off..
That is why I am doing my research now! All previous boards have always had a prepare proxy/absentee ballot sent with the election materials that was to be used in case you wanted to give it a neighbor to vote in your absent.
Here in Texas we fall under the Property Code 209 rules unless our Deed Restrictions state otherwise. I have not been able to find a 11 month Proxy for Texas.. I did however see that other states did have 11 month proxy.
IMHO---- that is crazy to give someone a 11 month proxy not knowing what they are voting on for you!!!
That is why I am doing my research now! All previous boards have always had a prepare proxy/absentee ballot sent with the election materials that was to be used in case you wanted to give it a neighbor to vote in your absent.
Here in Texas we fall under the Property Code 209 rules unless our Deed Restrictions state otherwise. I have not been able to find a 11 month Proxy for Texas.. I did however see that other states did have 11 month proxy.
IMHO---- that is crazy to give someone a 11 month proxy not knowing what they are voting on for you!!!
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
TpS
Keep looking but to use SC as an example:
Here is South Carolina Non-Profit statute regarding proxies:
SECTION 33-31-724. Proxies.
(b) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for eleven months unless a different period is expressly provided in the appointment form. However, no proxy is valid for more than three years from its date of execution.
Keep looking but to use SC as an example:
Here is South Carolina Non-Profit statute regarding proxies:
SECTION 33-31-724. Proxies.
(b) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for eleven months unless a different period is expressly provided in the appointment form. However, no proxy is valid for more than three years from its date of execution.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
IMHO---- that is crazy to give someone a 11 month proxy not knowing what they are voting on for you!!!
1. Do you have a written policy that describes how votes are accepted and counted? If not, prepare one.
2. Does your policy state that 3rd-party-prepared proxies will not be accepted if the proxy holder cannot provide proof that, before the proxy was signed, the proxy signer was fully informed about the particular issue being voted on? If not, add it.
3. Did your HOA lawyer review and bless your policy document? If not, give your HOA lawyer opportunity to revise/edit.
4. Publish. (You don't want the election itself to be the first time homeowners are informed about the policy.)
Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
TP,
If incorporated as a nonprofits (most associations are but check to be sure), Corporate statutes would apply.
Per Sec. 22.160.
Sec. 22.160. VOTING OF MEMBERS. (a) Each member of a corporation, regardless of class, is entitled to one vote on each matter submitted to a vote of the corporation's members, except to the extent that the voting rights of members of a class are limited, enlarged, or denied by the certificate of formation or bylaws of the corporation.
(b) A member may vote in person or, unless otherwise provided by the certificate of formation or bylaws, by proxy executed in writing by the member or the member's attorney-in-fact.
(c) Unless otherwise provided by the proxy, a proxy is revocable and expires 11 months after the date of its execution. A proxy may not be irrevocable for longer than 11 months.
(d) If authorized by the certificate of formation or bylaws of the corporation, a member vote on any matter may be conducted by mail, by facsimile transmission, by electronic message, or by any combination of those methods.
If incorporated as a nonprofits (most associations are but check to be sure), Corporate statutes would apply.
Per Sec. 22.160.
Sec. 22.160. VOTING OF MEMBERS. (a) Each member of a corporation, regardless of class, is entitled to one vote on each matter submitted to a vote of the corporation's members, except to the extent that the voting rights of members of a class are limited, enlarged, or denied by the certificate of formation or bylaws of the corporation.
(b) A member may vote in person or, unless otherwise provided by the certificate of formation or bylaws, by proxy executed in writing by the member or the member's attorney-in-fact.
(c) Unless otherwise provided by the proxy, a proxy is revocable and expires 11 months after the date of its execution. A proxy may not be irrevocable for longer than 11 months.
(d) If authorized by the certificate of formation or bylaws of the corporation, a member vote on any matter may be conducted by mail, by facsimile transmission, by electronic message, or by any combination of those methods.
DanaT (Tennessee)
Posts: 214
Posts: 214
Posted:
Quote:
Posted By TpS on 07/18/2016 6:00 AM
How long is a proxy good for when voting for Elections, Bylaws, Deed Restrictions.
How long is a proxy good for when voting for Elections, Bylaws, Deed Restrictions.
As others have mentioned, you also need to check with your State Laws, concerning this issue. In Virginia, our HOA is also regulated by the Virginia Condominium Act. Our Docs state that it is only good for that particular meeting, unless you are a "Mortgagee", then it is valid for 180 days. The Virginia Condominium Act states that "Any proxy shall terminate after the first meeting held on or after the date of that proxy or any recess or adjournment of that meeting. The proxy shall include a brief explanation of the effect of leaving the proxy uninstructed".
PitA
Posts: 1,416
Posts: 1,416
Posted:
IMHO---- that is crazy to give someone a 11 month proxy not knowing what they are voting on for you!!!
Not necessarily.
Parents put home in children's names but continue to reside in home.
Children appoint parents as their proxy w/o limitation for voting in the HOA.
5 years elapse.
Parents enter the (nursing) home at complete taxpayer expense.
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