Proxy

I live in Texas. I am wanting to know how we can use proxies that people do not turn in to automatically go to the board for quorum?

2) if proxies are used for quorum for the board, how can it go to vote to get bylaws amended?

But if put in the proxy paper, 'If no reply by (such date), you proxy will go toward the association for quorum and not vote'; is that legal?

What you really need to do is work to get signed proxies. This could involve calling people and knocking on doors.

Proxies must be singed by the owner and if the owner does not give their signed proxy to anyone (such as another member or the board itself), then you can't "steal" it to use as you likke. That would be tantamount to forgery. That's not how it works.

Certainly, but that must be done. The board can't conjure an imaginary proxy out of thin air and vote it the way they want simply because that's whay they want to do. An owner who does not attend the meeting or give a proxy is making a decision to NOT vote. A board can't force someone to vote a certain way, if it can force him to vote at all. A valid proxy can give them that power, but they just can't take it.

I never said do add they want I said can the wording be put in if no response to this proxy it will be taken used for quorum only. However how does it work?

Does TX also have mail-in absentee ballots?

Kerry, yes we do. If the systems are set up, members can vote by ordinary hard-copy absentee ballot, regular ballot at the meeting (of course), and electronic on-line balloting--which is more or less an absentee ballot. And by proxy.

Any type of absentee ballot, hard copy or electronic, is also counted as a proxy for meeting quorum requirements.

Further, Texas permits the use of the standard proxy in which the owner designates another person as his/her proxy holder, or the proxy can be assigned to an association officer or director, usually the President.

Texas also permits the use of a "proxy for the purpose of meeting quorum requirements only" so an owner can assist in meeting quorum requirements without the necessity of submitting a proxy for other purposes, such as an election or vote to modify documents, raise assessments, etc. This provision has meant we have not had to adjourn or disband a single meeting for lack of quorum since it was enacted--it is quite easy to convince an owner to provide a proxy for the purposes of attaining a quorum, especially if the 'do-over' costs of not having a quorum are presented at the same time.

As for the OP's question, others have accurately answered but I will reiterate: an owner who does not submit a proxy cannot in any way be counted as having met quorum requirements, nor can any vote be counted as having been cast by that owner.