Question ? Can proxy be voted on to a board seat.

Started by DaveW7 • 9 replies • 472 views

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DaveW7 (Massachusetts)
Posts: 2

Posted:

Hi everyone. I have question i cant seem to find an answer.

We live in a condo. We own it and our father is the legal owner , he has put me as a proxy for him..

Few of the residence want to vote me for a seat that is opening on the board this oct..

As a proxy holder can i be voted on to seat ? Or as a proxy em i only allowed to vote and not hold a seat ?

Thank you

MarkW18
Posts: 1,290

Posted:

Depends on the documents of the condo and whether or not a Board member must be an owner. A proxy holder holds no ownership rights and can't sit on a Board if the requirement is that the Board member must be an owner.

DaveW7 (Massachusetts)
Posts: 2

Posted:

Thank you for the respone !

Feeling i had, condo we live in kinda bad managment and residents want me to be on board ? And the 5 people i have feeling are trying to block or find any tactics to keep me off..

NpS (Pennsylvania)
Posts: 4,216

Posted:

Is your dad willing to add you to the deed?

Easily done as an inter-family conveyance.

Sikubali jukumu. Read all posts at your own risk.

SueW6 (Michigan)
Posts: 814

Posted:

Who is the “we” you talk about as being the owner?

If you are on the deed, then, yes, you can be voted in - however, if you are family member living there, then you are simply carrying the power of the vote belonging to the owner to the meeting.

Check to see if the bylaws say that non- member/owners CAN be on the board. If so, then you can run for that position.

The answer is in the bylaws.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

This seems very clear.

In every case I have seen, if you are not a deeded owner, you cannot be a director.

PaulJ6
Posts: 990

Posted:

My HOA has a bunch of management company employees on the board. So one does not (in practice) need to be an owner or event a resident in my case.

Check your HOA's governing documents to see what they require, for being on the board.

MarkW18
Posts: 1,290

Posted:

Quote:

Posted By GeorgeS21 on 10/01/2019 11:48 AM
This seems very clear.

In every case I have seen, if you are not a deeded owner, you cannot be a director.

You would be very surprised at how many associations throughout the country don't require Board members to be owners.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By MarkW18 on 10/01/2019 12:06 PM

Posted By GeorgeS21 on 10/01/2019 11:48 AM
This seems very clear.

In every case I have seen, if you are not a deeded owner, you cannot be a director.

You would be very surprised at how many associations throughout the country don't require Board members to be owners.

Our association is one. I'm sure the verbiage stems from when the developer was in charge, but we've never changed it. Some people have been quite surprised when they read this, but it has never been a issue, no non-member has ever run.

Escaped former treasurer and director of a self managed association.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

I do know Officers in some communities are not required to be owners/directors.

I should also have noted I was referencing single family communities.

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