Proxy Forms, Washington State

Can a condominium board require the exclusive use of a General Proxy form that is drafted and authorized by the board? The issue is that this form limits the proxy validity to the date of the meeting. Washington statutes and the association documents allow for any time period to be stipulated. If no time period is stipulated then the proxy expires 11 months from the date of execution.

Statute discusses that a person's written authorization authorizes another person to act for the person as proxy. Our documents and the statutes do not authorize the board providing any form of involvement in the granting of proxy. Our association is having four association meetings with votes beyond the Annual meeting this board session. And notifications including the proxy forms are mailed 14 days before the meeting. Statute & documents allow the proxy to be valid for 11 months from the date of execution or for any time period included in the document. One proxy could be granted for the entire board session. But the provided forms are valid for only the date of the meeting and vote. So this session proxy must be granted five separate times.

Thomas, I think I see what you are getting at. Five meetings of the owners are going to occur in the coming months. At least five votes are either planned or are likely. Those owners who are collecting proxy forms (wishing to serve as proxies for owners who will not attend the meetings) understandably do not want to go door to door five times.

If you quote everything your bylaws say about proxies, this would be best. I know it is common for HOA bylaws to be vague about proxy requirements, but I think it's always good to see the actual bylaws.

The issues of who can issue a proxy form comes up often here. I believe the consensus by far is that anyone can prepare proxy form, and the assignment of the proxy (using the form) will be valid as long as the proxy form is completed and compliant with the bylaws and statutes.

In theory, the Board cannot require that owners use a Board-manager created proxy form. If the board is saying so, owners should contest this.

As long as the Board states that owners can use their own proxy form, and so roll the dice on whether the board will approve the assignment of proxy (using their own proxy form), then I think the Board can issue the proxy form you describe, with a board-created time limit. Or the Board could state that people can modify the proxy form, and the modifications will be approved by the board as long as they comply with the bylaws and state law.

On time limits, the state statutes say: "Unless stated otherwise in the proxy, a proxy terminates eleven months after its date of issuance." So in my opinion, the Board can set a time limit, as long as the board does not deceive people into thinking that this is the only valid proxy form.

This is the theory. In practice, now you owners get to deal with a board that might approve only the proxy form the board issues, without any modifications. Then you owners get to lawyer up.

I suggest not doing modifications (like changing the date for which the board's form is applicable). This would require taking a pen and striking out language, then the person signing the proxy form has to initial or sign next to the strike-out. It leaves the proxy form more open to challenge.

In case you make further reference to statutes, what year was your HOA created? Also please confirm that this is not a condominium. Lastly, are you on the board?