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BassG (Texas)
Posts: 13
Posted:
Hypothetical question here. If a neighbor has 3 proxy votes and that neighbor is all of a sudden not able to attend the meeting; if she gave her proxy to me, would I be able to vote with those 3 proxies originally designated for her? Or would I just have her vote and my vote?
NpS (Pennsylvania)
Posts: 4,216
Posted:
It's confusing because
The Proxy is the name of the form.
The Proxy is also the name of the person who is identified on the form.
Only the named person can be the Proxy.
Only the Proxy can vote.

Sikubali jukumu. Read all posts at your own risk.
AugustinD
Posts: 5,144
Posted:
What I am seeing is that, for the proxy holder (call him "B") to lawfully assign the proxy to someone else (call her "C"), the proxy form must expressly grant this authority. This of course begs the question: Can the member who originally assigned the proxy (call him "A") simply hand write on the proxy that the the proxy holder "B" may assign the proxy to someone else? Or does the HOA have to have such a provision pre-printed on the proxy form (assuming the HOA provides pre-printed proxy forms)?

To minimize trouble and not waste time, I think it's probably best to destroy the original proxy forms; obtain three new ones; explain what happened to "A"; and have "A" assign a new proxy directly to "C."
JohnC46 (South Carolina)
Posts: 14,265
Posted:
A assigns his proxy to B. B cannot assign it to C. A would have to assign it to C.

If A had assigned the Proxy to the BOD, then anyone could deliver it to the BOD.
MarkW18
Posts: 1,290
Posted:
This is just one reason why proxies should be banned in HOA's.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MarkW18 on 06/23/2019 9:49 AM
This is just one reason why proxies should be banned in HOA's.

Proxies can be confusing and misunderstood but with out such, rarely can changes be made.

Not understanding how to use a procedure, does not mean it should be banned.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By BassG on 06/22/2019 5:01 PM
Hypothetical question here. If a neighbor has 3 proxy votes and that neighbor is all of a sudden not able to attend the meeting; if she gave her proxy to me, would I be able to vote with those 3 proxies originally designated for her? Or would I just have her vote and my vote?

you can only vote the proxies that appointed you as their representative.

GenoS (Florida)
Posts: 4,276
Posted:
In Florida Statutes 720.306 it says: "If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place."

This is common in Florida. The state-provided proxy sample for use in condos and HOAs contains the necessary language.

"SUBSTITUTION OF PROXYHOLDER

The undersigned, appointed as proxyholder above, designates _____ to substitute for me in voting the proxy as set forth above."

This has to be on the original proxy form signed by the owner (proxy giver). A substitute proxyholder may be appointed by the original proxyholder without the knowledge or permission of the initial proxy giver.

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