Proxy vote vs absentee vote

A proxy, because most HOA's don't know how to use them, should be abolished. A proxy, in the hands of a proxy holder could be used in a number of ways, some of which the owner never intended.

An absentee vote should have a regular ballots for whatever the HOA may be voting on, directors, or maybe changing governing documents. The ballot should be put into an envelope, with a stamp and mailed to the person designated to receive the ballots.

There are two types of proxies:

General - gives authority to someone to represent the owner and cast a vote on their behalf based on how the representative desires.

Directed - gives authority to someone to represent the owner and cast a vote on their behalf based on how the owner directs them to vote.

Proxies typically must be returned by the start of the meeting.
A ballot should be filled out for each proxy (as only ballots are counted).

An absentee vote is a ballot filled out and turned in or mailed to the board. Typically, these are only authorized if statutes or governing documents allow. When the governing documents do not allow absentee voting, many Associations simply use directed proxies (as it's the next closet thing but your vote will not be secret).

This article may be better at explaining it:

Directed Proxies vs. Absentee Ballots: What is the Difference and Can Our Association Use Them? from an attorney in Wisconsin. Statutes differ between States and you should check your applicable statutes to verify any advice in article is applicable to your Association.

The you'll for your help.

Legally in Texas does anyone know if a homeowners can still submit a proxies the day of the meeting before the start of the meeting.

The management company placed a deadline on the form. However the board didn't agree to a deadline date.

If doubt if there is anything that says either way (although I haven't looked).

The applicable statutes would be property and, if incorporated (most associations are, but check), corporate code.

Personally, we allowed proxies right up to the moment of handing out ballots at the meeting. It may be the difference between making quorum or not and, in my opinion, lives up to the spirit of allowing one to make their vote count.

To my knowledge, there is nothing in the Texas code that addresses deadlines for proxies except that it says a vote may be given in person or by proxy at a meeting if you have voting at the meeting. So, if your governing documents do not say otherwise, you could hand someone your proxy anytime prior to the vote.

I think an arbitrary deadline set by the property manager is, on it's face, null and void. Even the board could not make such a rule unless your governing documents give them that authority. If they want to set a deadline, it should be written into the bylaws.