DanielW11
Posts: 3
Posts: 3
Posted:
we recently took over from the builder and have a renter that showed up to the first meeting. he submitted 3 proxies and voted in appointing BOD members. Is this allowed?
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MelissaP1 (Alabama)
Posts: 13,734
Posts: 13,734
Posted:
Proxies from who? Renters are not HOA members. Read your documents.
Former HOA President
GeorgeS21 (Florida)
Posts: 3,705
Posts: 3,705
Posted:
No.
Renters have no legal standing. Only owners.
Renters have no legal standing. Only owners.
SamE2 (New Jersey)
Posts: 309
Posts: 309
Posted:
If the proxies were for 3 units owned by the persons that gave him the proxies why wouldn't it be allowed. Our HOA allows anyone to be a proxy.
GeorgeS21 (Florida)
Posts: 3,705
Posts: 3,705
Posted:
Sorry - was overlaying my experience ... could be wrong.
I’m not sure we would even allow a renter to attend board or annual meetings.
I’m not sure we would even allow a renter to attend board or annual meetings.
CathyA3 (Ohio)
Posts: 6,286
Posts: 6,286
Posted:
Depends on your governing documents and/or state law - they may or may not allow proxies to be assigned to non-members.
There are always going to be instances - such as when the unit is owned by a legal entity rather than a person - where a non-member may be named as the agent. Examples:
* LLCs
* Trusts
* Lenders who have acquired the unit through foreclosure
You may also have a non-member who has been given Power of Attorney by an owner.
As with many things related to associations, a seemingly simple question has a complicated answer.
There are always going to be instances - such as when the unit is owned by a legal entity rather than a person - where a non-member may be named as the agent. Examples:
* LLCs
* Trusts
* Lenders who have acquired the unit through foreclosure
You may also have a non-member who has been given Power of Attorney by an owner.
As with many things related to associations, a seemingly simple question has a complicated answer.
JohnC46 (South Carolina)
Posts: 14,230
Posts: 14,230
Posted:
My experience with Proxies is anyone can hold them. Thus they can be voted by the holder as per the Proxies directions.
DanielW11
Posts: 3
Posts: 3
Posted:
to the best of my knowledge each unit is owned separately.
NpS (Pennsylvania)
Posts: 4,187
Posts: 4,187
Posted:
Daniel, were all 3 proxies signed by the owners of those properites?
Sikubali jukumu. Read all posts at your own risk.
GenoS
Posts: 4,262
Posts: 4,262
Posted:
DanielW11 has provided about 1% of the background information necessary to evaluate what's going on with non-members holding proxies at a membership meeting. Owners who have just taken over an association from a developer/builder/declarant should have at least a working knowledge of their governing documents and the state statutes.
TimB4 (Virginia)
Posts: 21,005
Posts: 21,005
Posted:
Typically, one can name anyone to be their proxy.
Therefore, the answer would be yes, they individual would be allowed.
They were not voting themselves, they were casting a vote on behalf of a member (or members) of the Association.
Therefore, the answer would be yes, they individual would be allowed.
They were not voting themselves, they were casting a vote on behalf of a member (or members) of the Association.
GenoS
Posts: 4,262
Posts: 4,262
Posted:
Quote:
Posted By TimB4 on 01/20/2020 5:29 PM
Typically, one can name anyone to be their proxy.
Typically, one can name anyone to be their proxy.
True, but I've seen articles and legal blogs that suggest that anyone filling out a proxy should only give it to another member who has the right to attend the meeting. A couple of articles said that while anyone holding a proxy should be allowed into the meeting, there might be objections and at the end of the day, such a situation hasn't been litigated yet.
GeorgeS21 (Florida)
Posts: 3,705
Posts: 3,705
Posted:
Yeah - don’t some HOAs restrict who can attend meetings?
My last two have been “members.” Given this, not sure how would work with a renter of a home presenting proxies.
My last two have been “members.” Given this, not sure how would work with a renter of a home presenting proxies.
MelissaP1 (Alabama)
Posts: 13,734
Posts: 13,734
Posted:
So they didn't vote themselves into the BOD did they? Were the people they voted in an issue?
Former HOA President
GenoS
Posts: 4,262
Posts: 4,262
Posted:
Quote:
Posted By GeorgeS21 on 01/20/2020 7:47 PM
Yeah - don’t some HOAs restrict who can attend meetings?
Yeah - don’t some HOAs restrict who can attend meetings?
I'm pretty sure some do. Mine has always been fairly lax. If a renter showed up with a proxy from his landlord I think he'd be allowed to present the proxy and submit a ballot on behalf of the owner, and then, perhaps, be asked to leave. Depending on the mood of the homeowners in general, he'd probably be allowed to stay and observe the entire meeting. Probably wouldn't be allowed to speak, though. When it comes to procedures, policies and rules this is a very loosey-goosey place.
TimB4 (Virginia)
Posts: 21,005
Posts: 21,005
Posted:
Quote:
Posted By GeorgeS21 on 01/20/2020 7:47 PM
Yeah - don’t some HOAs restrict who can attend meetings?
My last two have been “members.” Given this, not sure how would work with a renter of a home presenting proxies.
Yeah - don’t some HOAs restrict who can attend meetings?
My last two have been “members.” Given this, not sure how would work with a renter of a home presenting proxies.
And if you showed up with your attorney, would they stop it?
How about a spouse who's name isn't on the deed (hence, not a member)?
GeorgeS21 (Florida)
Posts: 3,705
Posts: 3,705
Posted:
Tim,
Not sure I understand the question.
If the renter showed up with an attorney? If they did, I think we would adjourn, then consult our own attorney. Let the attorney haggle it out.
If a known spouse showed up, we would assume the other half was out of town, etc. If there was knowledge of ongoing divorce proceedings we would be cautious and might seek verbal OK from the other half.
Not sure I understand the question.
If the renter showed up with an attorney? If they did, I think we would adjourn, then consult our own attorney. Let the attorney haggle it out.
If a known spouse showed up, we would assume the other half was out of town, etc. If there was knowledge of ongoing divorce proceedings we would be cautious and might seek verbal OK from the other half.
DanielW11
Posts: 3
Posts: 3
Posted:
at this time Iam not sure
CathyA3 (Ohio)
Posts: 6,286
Posts: 6,286
Posted:
Quote:
Posted By TimB4 on 01/21/2020 10:33 AM
Posted By GeorgeS21 on 01/20/2020 7:47 PM
Yeah - don’t some HOAs restrict who can attend meetings?
My last two have been “members.” Given this, not sure how would work with a renter of a home presenting proxies.
Yeah - don’t some HOAs restrict who can attend meetings?
My last two have been “members.” Given this, not sure how would work with a renter of a home presenting proxies.
And if you showed up with your attorney, would they stop it?
How about a spouse who's name isn't on the deed (hence, not a member)?
In my association, people who are legally married to an owner are considered owners, whether or not their name is on the deed. However, state law does not recognize common law marriage, so domestic partners are not owners unless their name is on the deed.
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