Proxy for annual meeting in Florida

Started by AnneB4 • 9 replies • 716 views

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

⚡ Takes 30 seconds

Already a member? Log in

AnneB4 (Florida)
Posts: 19

Posted:

The notice of the annual meeting was sent out with a day, date, location and time of meeting. The proxies were sent out with the same information, except the day on the proxy didn't match the date, (ie; Tuesday May 9, 2018). According to the letter of the law, since the date is correct, the proxy is valid. The president has stated the day can be changed on the proxy and that proxies aren't even required. My question is who has the right the alter the day on the proxy? If only the homeowner who signed the proxy over to the proxy holder can change the date, what happens to the validity of the proxy if the proxy holder changes the day?

TimB4 (Tennessee)
Posts: 21,062

Posted:

What validates the proxy is the signature.

Changes can be made by the individual signing the proxy. Simply line through and initial.

GenoS (Florida)
Posts: 4,276

Posted:

The homeowner who is giving the proxy can change the day/date. There's no statutory requirement that an owner has to use the exact fill-in-the-blank proxy form provided by the associaton. Re-write it with the correct day of the week on toilet paper if you want; it's still valid.

FS 720.306(8)
"To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy."

The incorrect day of the week is probably not fatal to the proxy. Have a look at DBPR arbitration Case 2009-00-7989. It ruled that proxies without the owner's address were still valid, and proxies lacking the date of the signature were also valid.

To keep it simple, just cross out Tuesday and change it to Wednesday.

ArtL1 (Florida)
Posts: 140

Posted:

You don't even have to use the proxy form sent out by your HOA/PM. You can draft your own proxy, or if you want, largely reproduce the "defective" one they sent out, and use your new version of it. The Florida DBPR has a sample limited proxy template on their web site that may be helpful if you want to draft your own proxy.

AnneB4 (Florida)
Posts: 19

Posted:

If the proxy holder makes the change, does that make proxy invalid? Since the president has told the proxy holders they can make the change, I'm wondering what happens if someone questions the validity of the proxy if the change is made by someone other than the homeowner.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Typically, a proxy is good for many months after it is signed.
Therefore, I don't think the date itself is a big issue.

Is there an issue on the ballot that is hotly debated and dividing the community?
If not, I doubt there will be any challenges to anything.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AnneB4 on 04/29/2018 3:00 PM
If the proxy holder makes the change, does that make proxy invalid? Since the president has told the proxy holders they can make the change, I'm wondering what happens if someone questions the validity of the proxy if the change is made by someone other than the homeowner.

If the proxy giver changed the proxy then what they changed it to is valid assuming it is correct.

AnneB4 (Florida)
Posts: 19

Posted:

Some of the homeowners believe the president was given a large number of proxies under questionable circumstances. If she changes the day herself, then presumably the proxies would be invalid and she wouldn't have enough to control the vote.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Well, keep in mind that others can solicit those same proxies. When two proxies are submitted, the latest date wins.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By AnneB4 on 04/29/2018 6:20 PM
Some of the homeowners believe the president was given a large number of proxies under questionable circumstances. If she changes the day herself, then presumably the proxies would be invalid and she wouldn't have enough to control the vote.

I did a little searching online but couldn't find any examples of DBPR arbitration rulings that fit your scenario. There may have been court cases about it, but online information about court cases is sparse compared to DBPR rulings.

If she forged a signature that would be unlawful. If she altered the name of the proxy holder then that would also be unlawful. If she altered some other material aspect it might also be unlawful but the day-of-week isn't one of the statutory requirements for a valid proxy. If the date is correct then the day-of-week mistake might not matter whether it was "corrected" or not by the proxy holder.

I just found a DBPR ruling that cited a 1960 appellate court case. It says if a proxy was improperly voted or the proxy-holder exceeded his authority, the proper parties to complain are those who gave the proxies themselves. If Bob gave a proxy and the proxy-holder altered it then only Bob could complain about it. Another petitioner would not have standing.

You may have valid concerns about whether or not your president is being honest, truthful and acting in good faith, but in my opinion (not a legal one since I'm not an attorney) the proxies would be ruled valid.

🎯 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