Proxies for meetings

Started by MarleneB2 • 6 replies • 468 views

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MarleneB2 (Florida)
Posts: 2

Posted:

We need 70 members to attend a meeting to meet a quorum. At best we can get about 54 members. Can proxies be used to meet a quorum for a regular meeting of a HOA. And if so, how is it presented without it being considered solicitation to the membership?

MikeB23 (Louisiana)
Posts: 109

Posted:

Our bylaws say meetings will be conducted in accordance with Robert's Rules of Order. The copy I have has a separate section in the back about conducting meeting and proxies plus our bylaws specify that proxies may only be given to other owners.

MichaelS56 (Minnesota)
Posts: 859

Posted:

In our Association the answer is yes. We need only 10% to have a quorum. 70% is a very high threshold to reach.

SheliaH (Indiana)
Posts: 6,964

Posted:

What type of meeting is it? For special meetings, you may need a bigger number, but for annual meetings, it could be smaller - ours is 10%.

If your documents don't mention proxies, you may be able to use them, but you need rules. In my community, you have to be a member in good standing to bote, so you couldn't use it that way, but could use it to set quorum.

Whatever you, you need to pound the pavements to get people tonparticupate, either by showing up or sending in a proxy. Here are some rules we use with ours.
:
One vote per unit - if there are co-owners, they must decide among themselves who will sign the proxy

Sign and date the form in ink - No signature or date stamps.

No photocopies, must return the original.

If you return a proxy and later decide to attend, the proxy will be cancelled and you can vote as usual.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MaxB4
Posts: 3,513

Posted:

To my knowledge, there are only two types of membership meeting, one is the Annual Meeting of the Members where election generally conducted. The second woud be a Special Meeting of the Members which would be called by the President, two Directors or a certain percentage of the owners. Those meetings should have a special purpose and should be told through an agenda to the Members.

There typically would be two numbers to look for, first enough to call the meeting to order which would be quorum, second, enough to do what the meeting should be called for in the first place.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I know some of our regular posters from Florida have mentioned using proxies for annual meetings for the membership, so state law is OK with it. (Note: proxies cannot be used for board meetings - I wasn't clear about what you mean by "regular meeting of the HOA".)

Next check your bylaws to see if they say anything about it.

Use of proxies is not considered solicitation as it's defined in community governing documents that prohibit it. It's also perfectly legal for people who are campaigning for a seat on the board to solicit proxies from their neighbors. It may look a little shady to those who aren't familiar with HOA elections, but it's fine.

Most of the communities that use them include the proxy form along with all of the other election materials in the annual meeting announcement.

I agree with others that 70% is a pretty high bar for an annual meeting, although it may be appropriate for a special meeting. The community should consider amending their bylaws to something lower (ours is 20% for the annual meeting).

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our Quorum for an Annual Meeting is 20% of 112 owners. Without Proxies, we would not make Quorum.

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