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KarenP1
Posts: 41
Posted:
I understand this was discussed back in 2012, however, in light of legislation in va that allows electronic transmission of documents including proxies in the poa act and not for profit law, I would like to hear from Virginians who have utilized this means for proxy voting. how has it worked out for your association? how does the proxy holder know they have been named a proxy? how is it known who actually filled out and sent the proxy, since a family member or roomie could access a member's email? when is the proxy checked to be certain the person sending it and the proxy holder are eligible to vote? what method is used for the signature requirement? Any info would be very helpful.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Karen,

The VA Nonstock Corporation Act, has always allowed for many forms of proxies.

We received our first electronic proxy this past month.
It was a simple email. The email address was the same as the email address we have on file.
No issues.

The VA site appears to be down for maintenance, otherwise I would post links.
The Corporation Act has a whole section specifically on proxies.

The Association should always accept proxies on face value unless the have good cause that the proxy is falsified.
KarenP1
Posts: 41
Posted:
thank you for the response. you are always helpful. again, how does the person named as the proxy holder know they have been named? what if the vote is for elections or other important matters like budget(our membership approves the budget) or amendments? the number of votes for or against on the proxies would be known before the meeting. yes, I am familiar with the law on proxies.

while this seems convenient I see some concerns.

Would love to hear more from who use this method and how it was implemented.

PaininyourA
Posts: 215
Posted:
nope - no advance knowledge

a proxy merely gives ANOTHER the right to voting one's place

the vote must still be actually 'cast' at the election

proxies and absentee ballots are NOT compatible

a proxy holder must vote in person
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I believe an association can set up an Electronic Proxy Voting site. Do a Google search.

I do not see why one could not submit an electronic proxy and name someone attending the meeting as their proxy holder. Many name the BOD as the proxy holder.

Of course any BOD in power wanting to remain in power will fight any type proxy especially if they know the votes will go against them.
TimB4 (Tennessee)
Posts: 21,062
Posted:
We have proxies delivered to the Association that name someone else.
Sometimes they are aware that they have been named.
Sometimes they are not.

We take care of the issue when they check in.
If the individual named never checks in, the proxy letter is ignored (as the proxy representative didn't show up and it's not the Boards job to inform someone that someone else named them to vote on their behalf).

It's doesn't matter what the vote is for. That individual has been named as the representative for the member to vote on their behalf.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By KarenP1 on 11/12/2017 7:40 AM
thank you for the response. you are always helpful. again, how does the person named as the proxy holder know they have been named? what if the vote is for elections or other important matters like budget(our membership approves the budget) or amendments? the number of votes for or against on the proxies would be known before the meeting. yes, I am familiar with the law on proxies.

while this seems convenient I see some concerns.

Would love to hear more from who use this method and how it was implemented.



If anyone has been named as the proxy holder ... they most likely have been asked to be the proxy holder by someone who could not attend the meeting OR another neighbor who has an issue with what is to be voted on has solicited proxies from their various neighbors. Generally the proxy holder will know and is the individual submitting the proxy prior to the meeting.

It does not matter what the vote is for ... whoever holds the proxy can cast the vote for any member they have a proxy to exercise.

When you state the number of votes for or against on the proxies would be known before the meeting ... I believe you are confusing Proxies with Absentee Ballots. However, in most instances Absentee Ballots should not be opened or counted until the meeting for which they are to be cast. Then the number of votes for or against are not known until same time as others are also casting their own ballots.
KarenP1
Posts: 41
Posted:
Thanks to all who replied. If I understand all of you, only undesignated proxies are used for electronic proxies. No designated proxies. The proxy holder finds out at the meeting if not told beforehand. If the named proxy does not show up the proxy is ignored.

OK.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KarenP1 on 11/17/2017 2:19 PM
Thanks to all who replied. If I understand all of you, only undesignated proxies are used for electronic proxies. No designated proxies. The proxy holder finds out at the meeting if not told beforehand. If the named proxy does not show up the proxy is ignored.

OK.

What do you men by designated? Do you mean Directed?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Question to all:

Electronic or not, if a designated Proxy holder is not at the meeting, would you still use the Proxy toward establishing a Quorum?
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JohnC46 on 11/17/2017 5:46 PM
Question to all:

Electronic or not, if a designated Proxy holder is not at the meeting, would you still use the Proxy toward establishing a Quorum?

Nope.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By GenoS on 11/17/2017 7:33 PM
Posted By JohnC46 on 11/17/2017 5:46 PM
Question to all:

Electronic or not, if a designated Proxy holder is not at the meeting, would you still use the Proxy toward establishing a Quorum?

Nope.

agree
KarenP1
Posts: 41
Posted:
of course

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