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CraigC8 (Colorado)
Posts: 3
Posted:
I have send my proxy to the HOA/Board for an up coming annual HOA meeting in Colorado.

Can I cancel that proxy prior to the meeting and give my proxy to another owner/member attending the meeting? This is not covered in our by-laws. Is this possible?

Thank you,
Craig
SheliaH (Indiana)
Posts: 6,964
Posted:
Did you try contacting a board member or property manager with this question? What was the response?

We've never had this happen in our association, but most of the stuff I see on proxies indicates you can change them at any time before the meeting. I would think if you sent a written request to the property manager or designated board member (keep a copy for your records), you should be OK. They might send you another card to complete and you can give that to the new person who will serve as proxy. In our association, the proxies are sent to the property manager, who secures the envelopes and they're all opened at the meeting for review and casting votes. You can also designate the Board president as your proxy if you don't name someone else, and if you change your mind and show up at the meeting after all, the proxy is cancelled and you vote as usual.

I suggest you make sure your request is signed and dated by you, indicating that X will no longer serve as your proxy for the annual meeting scheduled for Date, time, location, and instead are designating Y as your proxy. If necessary, send a copy to whoever you designated first.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Craig,

Technically, the proxy with the last date is the one that controls.
Per the corporate laws of Colorado:

(6) Appointment of a proxy is revoked by the person appointing the proxy:

(a) Attending any meeting and voting in person; or

(b) Signing and delivering to the secretary or other officer or agent authorized to tabulate proxy votes either a writing stating that the appointment of the proxy is revoked or a subsequent appointment form.

I would suggest contacting the Board and tell them that you are rescinding the proxy assigned to them. This way, you are sure that the Board knows your intentions.
CraigC8 (Colorado)
Posts: 3
Posted:
Shelia,

Thank you for your help!
Craig
CraigC8 (Colorado)
Posts: 3
Posted:
Thanks Tim, this should do it.

Craig

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