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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ReneeP3 (South Carolina)
Posts: 42
Posted:
What is a proxy ballot?
What function does it serve?
What comprises a proxy Ballot?

I live in a 94 lot subdivision. The past two meeting votes, we've received proxy ballot forms. One was really a ballot with a phone number to verify the proxy. The second one was really a directed proxy, with the words proxy ballot. I brought in 3 of these for my neighbors and the president accepted them as the vote, I didn't receive any ballots to vote for the neighbors.

There is clearly something I'm not understanding about this process!

I do want to thank everyone who spends time on this site. I've gained so much from others expertise and experience.

TimB4 (Tennessee)
Posts: 21,059
Posted:
There is no such thing as a proxy ballot.

There are ballots and there are proxies.

Ballots are the document to register the vote

Proxies designate someone to vote on your behalf.
A general proxy allows the designated individual to cast your vote how they desire.
A directed proxy specifies how the designated individual is to cast your vote.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The Proxy holder should have been given a ballot for each Proxy they held and one for themselves. If I hold 3 Proxies I should have been given 4 ballots (one for each Proxy and one for myself) for me to fill out and cast.

That said, I can easily see how one could count the proxies as a ballot. As long as the Proxies were counted as a ballot then if improper, no harm was done.

SueW6 (Michigan)
Posts: 814
Posted:
There are different kinds of proxies:

Directed proxy - me giving permission to Joe Blow to vote for Jim Smith.

General proxy - me giving permission for Joe Blow to cast my vote in the way he sees fit.

The HOA can print proxy forms. The member can request a proxy form to be given to their choice of person who will do their bidding at election time.

ReneeP3 (South Carolina)
Posts: 42
Posted:
That's what I keep telling them! They keep issuing Proxy Ballots, the last one created by the HOA Attorney! I feel as if I live in some alternate universe.
ReneeP3 (South Carolina)
Posts: 42
Posted:
Tim, love your posts and explanations. Can you move to South Carolina please?

I've sent both of these articles and others (about 5), all saying the same thing.
ReneeP3 (South Carolina)
Posts: 42
Posted:
We're already in the midst of a HOA lawsuit following The Amendment of our Covenants for a variety of reasons, one being the Board created a ballot titled Proxy Ballot. You didn't have to attend the meeting, there was no proxy assigned to attend the meeting. It was an absentee ballot. Over 50% of the ballots were received outside of the meeting. Bylaws and South Carolina non-profit don't allow absentee ballots. Our covenants require "owners" to Amend the covenants, so a meeting with "proxies" was the worst idea for obtaining the needed votes.

As to what's the big deal, letting them count the proxy's as ballots? We do not take attendance at meetings. The proxy's are turned in to the management company as well as accepted at the meeting. If you do not have the proxy's complete ballots at the meeting, then you have no way to track if the "proxy" showed up at the meeting. So every proxy would either become invalid (nobody showed) or every proxy would become an absentee ballot. The irony is that the last meeting was a vote to increase the annual dues because we needed to create a budget for the lawsuit.

Fortunately, there were not enough people/proxies to even vote.

🎯 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