Use of Proxies

MikeN5 (South Carolina)
Posts: 3

Posted:

I live in a condo in SC. Concerning proxy voting for Board positions I was wondering if a owner/member does NOT fill out a actual signed proxy is the Board President entitled to make one out for every member/owner who does not submit a signed proxy and then fill it out as he/she sees fit?

SheliaH (Indiana)
Posts: 6,964

Posted:

No. Check your documents to see if it has instructions on how proxies are to be used, but generally, proxies are completed and signed by HOMEOWNERS. In my association, you can designate someone else to attend the annual meeting (this is the only time we use them) and vote on your behalf or the Board President will vote on your behalf. You have to indicate your choice and you can also dictate how the vote is to be cast or leave it to whoever you name as the proxy.

Your association should have included instructions on how to use the proxy when homeowners received them. If your president isn't following those rules or the documents, you and your neighbors need to attend the meeting and protest accordingly - and probably consider if he or she should continue to serve on your HOA board and vote how you feel.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mike

No they cannot. Only the unit owner or their designated legal rep can sign and submit their Proxy. Not uncommon for someone to assign their proxy to the BOD. Also not uncommon for a BOD to trick people into assigning their proxies to the BOD.

In SC ones Bylaws can say proxies are not allowed.

GenoS (Florida)
Posts: 4,276

Posted:

I don't know SC law but I would be money that the answer is "NO".

KerryL1 (California)
Posts: 14,550

Posted:

In CA, too, Bylaws can ban proxies. If we ever get to rewriting our bylaws, we'll ban 'em. No one uses them anyway because mail-in ballots are permitted in CA so attendance in person or by proxy is not required at our annual meetings and elections.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By MikeN5 on 06/22/2017 8:38 AM
I live in a condo in SC. Concerning proxy voting for Board positions I was wondering if a owner/member does NOT fill out a actual signed proxy is the Board President entitled to make one out for every member/owner who does not submit a signed proxy and then fill it out as he/she sees fit?

NO ... Potentially that would be similar to falsifying documents. If my Board President filled out a document on my behalf regarding MY PERSONAL PROPERTY and signed my name ... I would nail that tail to a wall BIG TIME!!!

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By JanetB2 on 06/27/2017 8:30 PM

Posted By MikeN5 on 06/22/2017 8:38 AM
I live in a condo in SC. Concerning proxy voting for Board positions I was wondering if a owner/member does NOT fill out a actual signed proxy is the Board President entitled to make one out for every member/owner who does not submit a signed proxy and then fill it out as he/she sees fit?

NO ... Potentially that would be similar to falsifying documents. If my Board President filled out a document on my behalf regarding MY PERSONAL PROPERTY and signed my name ... I would nail that tail to a wall BIG TIME!!!

And how many people would actually know it happened.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RichardP13 on 06/27/2017 8:58 PM

Posted By JanetB2 on 06/27/2017 8:30 PM

Posted By MikeN5 on 06/22/2017 8:38 AM
I live in a condo in SC. Concerning proxy voting for Board positions I was wondering if a owner/member does NOT fill out a actual signed proxy is the Board President entitled to make one out for every member/owner who does not submit a signed proxy and then fill it out as he/she sees fit?

NO ... Potentially that would be similar to falsifying documents. If my Board President filled out a document on my behalf regarding MY PERSONAL PROPERTY and signed my name ... I would nail that tail to a wall BIG TIME!!!

And how many people would actually know it happened.

And your point is ... ???

Because I am involved in my HOA I would know if happened to my family ... and I would nail anyone who engaged in such fraudulent activity.

Are you insinuating that if people do not know that it would be OK???

RichardP13 (California)
Posts: 3,868

Posted:

Based on many years of experience.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Janet,

I believe that Richard was pointing out the reality of such an issue.

Typically, a Board simply accepts a proxy without comparing signatures with a known sample (i.e. trusting the document is what it appears to be - a properly executed instrument).

If anyone wanted to falsify proxies, they could possibly get away with it unless the individual shows up or provides a proxy to someone else (thus causing someone to look closer at that one proxy form).

Unless someone actually suspects foul play, nobody will challenge the election placing all documents associated with the election (or any other vote) up for review.

Is such fraud OK???

No, of course not.

Reality though indicates such fraud might not be caught.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By TimB4 on 06/28/2017 9:54 AM
Janet,
I believe that Richard was pointing out the reality of such an issue.

Reality though indicates such fraud might not be caught.

I agree that people who don't return proxies and don't attend the meetings are the ones least likely to know, or even care, that a proxy was falsified in their name.

Escaped former treasurer and director of a self managed association.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TimB4 on 06/28/2017 9:54 AM
Janet,

I believe that Richard was pointing out the reality of such an issue.

Typically, a Board simply accepts a proxy without comparing signatures with a known sample (i.e. trusting the document is what it appears to be - a properly executed instrument).

If anyone wanted to falsify proxies, they could possibly get away with it unless the individual shows up or provides a proxy to someone else (thus causing someone to look closer at that one proxy form).

Unless someone actually suspects foul play, nobody will challenge the election placing all documents associated with the election (or any other vote) up for review.

Is such fraud OK???

No, of course not.

Reality though indicates such fraud might not be caught.

Sigh ... What happened to the good ole days where people had morals, ethics, and basic honesty??? Used to be a verbal promise and handshake was good enough. Now we have to worry about trash.

RichardP13 (California)
Posts: 3,868

Posted:

How about just the good ole days.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RichardP13 on 06/29/2017 11:10 PM
How about just the good ole days.

... They were good ...

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By JanetB2 on 06/29/2017 10:43 PM

Sigh ... What happened to the good ole days where people had morals, ethics, and basic honesty??? Used to be a verbal promise and handshake was good enough.

The good ole days aren't over yet.

I'm finding that that is the way business is done in my retirement area (currently my second home).

Example: I went to Costco yesterday. I was told that they were glad I came when I entered (and they meant it). People would stop, apologize and usher each other to go first when they ran into each other around a blind corner. I was asked if I wanted all the cold items packed in the same box. I was told to have a nice day when I left.

Another Example: My lawn person contacted me before he cut the lawn to ask if I had turned on the sprinkler system. When I said yes and asked why, he replied that he heard I was coming down for the holiday and wanted to cut the lawn a little shorter so it would be nice for us over the holiday. However, he didn't want to do this if I didn't have the sprinkler system on as it could hurt the yard. (Oh when he and I entered into an agreement, I asked that a contract be sent over and he replied, when you don't want me anymore just tell me.)

Culture shock from the DC area.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TimB4 on 07/02/2017 12:21 PM

Posted By JanetB2 on 06/29/2017 10:43 PM

Sigh ... What happened to the good ole days where people had morals, ethics, and basic honesty??? Used to be a verbal promise and handshake was good enough.

The good ole days aren't over yet.

I'm finding that that is the way business is done in my retirement area (currently my second home).

Example: I went to Costco yesterday. I was told that they were glad I came when I entered (and they meant it). People would stop, apologize and usher each other to go first when they ran into each other around a blind corner. I was asked if I wanted all the cold items packed in the same box. I was told to have a nice day when I left.

Another Example: My lawn person contacted me before he cut the lawn to ask if I had turned on the sprinkler system. When I said yes and asked why, he replied that he heard I was coming down for the holiday and wanted to cut the lawn a little shorter so it would be nice for us over the holiday. However, he didn't want to do this if I didn't have the sprinkler system on as it could hurt the yard. (Oh when he and I entered into an agreement, I asked that a contract be sent over and he replied, when you don't want me anymore just tell me.)

Culture shock from the DC area.

LOL ... Our same culture shock from NM to CO!!! I could go into a Lowes or Home Depot in NM and spend 15-20 minutes actually looking for someone to help me ... in CO within less than 5 minutes I usually had 2-3 people ASK me if I was doing OK and if I needed any help finding anything. It was a definate culture shock ... to the good

. You are right some areas do abide by the good ole days! Another culture shock is when go into a restaurant in CO we are greated and welcomed. Then when we leave we are actually THANKED for our business.