Proxy Voting for HOA

Started by SherriC • 4 replies • 2598 views

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SherriC (Florida)
Posts: 3

Posted:

Are there specific rules/limitations for voting proxies for HOA in Florida?

Specific proxy forms to be used?

We have had a problem in the past of general proxies being voted by the President for personal agenda.

Can the President arbitrarily change the proxy form without consent of Board or Homeowners? There is nothing in our documents that state anything other than proxies may be used and recorded by the secretary.

BarbaraK (Florida)
Posts: 36

Posted:

This is what the Florida Statutes 720.306 say about proxy voting in an election. I hope this helps.

) PROXY VOTING.--The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.

SherriC (Florida)
Posts: 3

Posted:

Thanks,

This is not an election issue. Last year at the annual meeting, he used 5 proxies to pass a vote for a $5,000.00 assessment per homeowner after the majority at the meeting turned it down. Including 3 out of 6 directors! The assessment was not clearly defined as to projects or what they would cost. In essence he got $140,000.00 to do as he pleased.

When he became President, he replaced "secretary" with "president" on the proxies without board input. Luckily he self-destrtucted and was forced to resign . Now the new President has taken it upon himself to change the Proxies again without a vote from the Board/membership.

I understand the need for proxies and the apathy from homeowners but somewhere there has to be an answer to give to the homeowners as to what is "legal" to vote by general proxy.

We are about to re-vamp our by-laws, so i guess that is the place to put in writing exactly how the proxies should be used.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

SherriC: A proxy form is used to 'appoint someone else to vote for you in your absence'. Use this forum for other postings on 'proxy forms' to give you insight to how they are used.

The President, or any resident, can solicit proxies from other residents for 'their' votes to be cast by him. But only in their absence--since that is what a proxy is--they can't be at the meeting to vote so they are giving their power to vote to someone else. And that 'someone else' can vote as they choose. A proxy should state the purpose of the vote and for what meeting with date.

BarbaraK (Florida)
Posts: 36

Posted:

Sorry about that. The Florida Statutes are very specific about using proxies at Board Meetings. The following is from the Statutes. I would also suggest that if you have an attorney, you ask for his opinion.....

. Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

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