Would a date mistake on a AGM proxy survive a legal challenge

Please note: I mean a legal challenge AFTER the meeting, challenging vote results and possibly meeting the quorum requirement, not challenging before the meeting. How successful?

With no legal background whatsoever, I'd say it'd fail UNLESS that one vote would change the outcome the election. Or if it meant quorum was not met so the election results were meaningless.

how the heck do HOA boards get members to return that form? Seriously what's in it for them? Do they write some letter saying how they need it filled out so the HOA BOD can fullfil their duties??? I just can't get my head around why anyone would want to sign that?!

You should check corporate statutes.

Typically, a proxy is good for 11 months after the date signed unless an expiration date is on the form.

Again, check your applicable corporate statutes to be sure.

Anyone who is unable or unwilling to attend the meeting but desire to have their vote counted would be the likely ones who return proxies.

For me, I attended the annual meeting the first year I purchased the house. Having listened to everyone complain about trash cans not being put away, owners not picking up after their pets and cars going too fast on the county owned roads, I simply didn't want to hear anymore. This association has no common area and no amenities. Our assessments are a fixed amount per the covenants. however, having served on the board of my previous association, I understand the frustration of having members simply too darn lazy to fill out a form, sign it and send it back. So I send my proxy form and enjoy my afternoon (vs. attending the meeting and listen to the same complaints).

Thanks for the reply, but I still dont' get it. You could of enjoyed your evening and saved 3 minutes by not filling out the form. PLUS I thought a proxy allows for the BOD to decide how to vote on your behalf. Did your proxy have a list of items for you to vote upon?

I think the main problem with proxies is they're badly written or people simply don't bother reading them, so you run into problems like screwed up dates, unauthorized people signing them and so on.

If you're going to use them I think you start with asking what is the primary purpose for you community. In my community, it's really about establishing quorum to hold the meeting in tge first place. I've never seen any where people nominate themselves or someone else to run for a seat on the board, although we can also use our proxy for that.

The proxy also says if you don't designate anyone the president will vote on your behalf, but we haven't had anyone run fir a spot in years, do for tge last five years or so. (maybe longer) the board either continues because we didn't have a quorum (like last year) or someone makes a motion for electing the board by acclamation.

The date issue aside, I think Roger's board should probably review how effective proxies have been. What percentage of homeowners actually use them? Have there been lots of questions on how to use them - maybe a rewrite is in order, along with the secretary and association attorney reviewing it to ensure compliance with the documents and state law. You should be able to use tge same format every year and simply changing the dates.

As far as elections go, it might be easier to provide a separate ballot and state this should be used if you're certain you won't attend the meeting. If you decide to attend, you can still cancel the ballot and vote as usual. It really shouldn't be complicated.