BobC20 (California)
Posts: 7
Posts: 7
Posted:
Does anyone know of a source for drawing up a new proxy for voting purposes? Does it need to be done by an attorney?/
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proxy template
Started by BobC20 • 9 replies • 571 views
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MarkW18
Posts: 1,290
Posts: 1,290
Posted:
There are a number of sample proxies, BUT, if your association is using the services (used loosely) of an attorney, the Board, attorney or both, might raise a stink if someone developed their own and not blessed.
PaulJ6
Posts: 990
Posts: 990
Posted:
Quote:
Posted By MarkW18 on 02/06/2020 4:03 PM
There are a number of sample proxies, BUT, if your association is using the services (used loosely) of an attorney, the Board, attorney or both, might raise a stink if someone developed their own and not blessed.
There are a number of sample proxies, BUT, if your association is using the services (used loosely) of an attorney, the Board, attorney or both, might raise a stink if someone developed their own and not blessed.
You are correct. I have done my own proxy (I'm a lawyer) for a HOA's annual meeting, and I got a few neighbors to sign it. The HOA lawyer got angry.
But his proxy had the wrong date on it and mine had the correct date and otherwise met the legal requirements for the meeting so mine was valid.
MarkW18
Posts: 1,290
Posts: 1,290
Posted:
I have copied the proxy that was done by one of the largest HOA attorneys in the country and valid in the state where I did business.
MarkW18
Posts: 1,290
Posts: 1,290
Posted:
This is a response from an attorney friend of mine's boss.
A. There is no official form for a proxy. Under Civil Code 5130, only a member can hold another member’s proxy, and the proxy must state the intention to grant voting rights to another member of the association. A proxy can be written on a scrap of paper, and still be valid.
A. There is no official form for a proxy. Under Civil Code 5130, only a member can hold another member’s proxy, and the proxy must state the intention to grant voting rights to another member of the association. A proxy can be written on a scrap of paper, and still be valid.
BobC20 (California)
Posts: 7
Posts: 7
Posted:
Thanks for your response we do not have an attorney and our Board is 3 people all in agreement so I think we are OK any idea on where to find the template??
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Bob
One thing about proxies. The last dated one is the one that counts no matter how many were submitted earlier. Meaning one can sign a proxy then later change their mind and sign a new one. The new one counts.
One thing about proxies. The last dated one is the one that counts no matter how many were submitted earlier. Meaning one can sign a proxy then later change their mind and sign a new one. The new one counts.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By PaulJ6 on 02/06/2020 4:40 PM
But his proxy had the wrong date on it and mine had the correct date and otherwise met the legal requirements for the meeting so mine was valid.
But his proxy had the wrong date on it and mine had the correct date and otherwise met the legal requirements for the meeting so mine was valid.
And there you go. In Florida there are 3 or 4 elements to a "valid proxy" for an HOA or condo meeting. As long as those elements are present (correct date is one of them) then the proxy is valid no matter who created it. There are numerous DBPR arbitration cases in Florida where an association tried to throw out proxies because they were not on the "official proxy form" sent out by the association. Where the proxies were valid the DBPR rules that the association was not authorized to reject them.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By GenoS on 02/08/2020 2:21 PM
Posted By PaulJ6 on 02/06/2020 4:40 PM
But his proxy had the wrong date on it and mine had the correct date and otherwise met the legal requirements for the meeting so mine was valid.
But his proxy had the wrong date on it and mine had the correct date and otherwise met the legal requirements for the meeting so mine was valid.
And there you go. In Florida there are 3 or 4 elements to a "valid proxy" for an HOA or condo meeting. As long as those elements are present (correct date is one of them) then the proxy is valid no matter who created it. There are numerous DBPR arbitration cases in Florida where an association tried to throw out proxies because they were not on the "official proxy form" sent out by the association. Where the proxies were valid the DBPR rules that the association was not authorized to reject them.
Pay attention to this post. It is right on.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Since there are secret absentee voting/mail-in ballots, many CA HOAs simply don't use proxies, Bob. No one in my HOA of 200+ condos has used a proxy in many many year. Why is yours??
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