HOA Proxy and Roberts Rules

Started by JeniferB • 3 replies • 1165 views

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JeniferB (North Carolina)
Posts: 5

Posted:

Our HOA annual meeting is coming up. I have a few questions:

If someone does not have the proxy vote mailed to them, can they write it on another piece of paper or make a copy? The management board sent them on a purple piece of paper so does the proxy have to be returned on a purple piece of paper or can it be returned on a white copy?

There is only a BOD President, no secretary, treasurer, etc. There is an agent of the property management company and last year she took all of the proxies when the meeting started. Shouldn't a secretary or another appointed agent take them? I would like to confirm.

Thank you.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Jenifer,

Expecting that your Association is incorporated as a nonprofit (most are but check to be sure), then the North Carolina Nonprofit Corporation Act would apply. NC § 55A-7-24 of that act addresses proxies.

It states (in part):

Without limiting G.S. 55A-1-70, an appointment in the form of an electronic record that bears the member's electronic signature and that may be directly reproduced in paper form by an automated process shall be deemed a valid appointment form within the meaning of this section. In addition, if and to the extent permitted by the nonprofit corporation, a member may appoint one or more proxies by any kind of telephonic transmission, even if not accompanied by written communication, under circumstances or together with information from which the nonprofit corporation can reasonably assume that the appointment was made or authorized by the member.

Based on this information, I would speculate that a copied form on a different color paper would be acceptable under that statute. However, if your Board believes differently, one may need to go to court to have a ruling.

My suggestion, call and ask the MC.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jen

You could make your own Proxy on toilet paper and if done properly, it has to be accepted.

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