Is it acceptable for someone to 2nd their own motion using a proxy in a special meeting or Annual Group meeting

Welcome to the forum, TedV.

This would be a "Special Meeting of the Members" (owners), right,? What is an "annual group meeting?" Is it also called the "Annual Meeting of Members," when board elections are usually held?

I don't know much about proxies, but so far as I do know, they may be used only to vote, i.e., as a "ballot." They may not be used to make or second motions. Many on this site, though, ARE familiar with proxies, so can help. This, it seems to me isn't a Texas thing.

Have you read your documents to see what they say about proxies? They may dictate how proxies are to be used. You should also look at the proxy itself to see what it authorizes the representative to do, it's one thing to cast a vote on behalf of whoever gave the proxy, but using it as you described doesn't sound appropriate.

I assume you've checked the Robert's rules of order website, but if this isn't addressed, you might find the answer from a certified parliamentarian. There's a national association which I think has a database of its members. You may be able to check if there's someone in your area.

Im not an expert in parliamentary procedures, but I suspect this homeowner is trying an end run around everyone else . I'd make him prove this is authorized - most people have heard if Robert's rules of order but there are other types out there. If your community only uses Robert's rules and it doesn't specifically allow this, tell that homeowner to sit down.

So....Max, who has experience with proxies, is saying the you can use the proxy to second the motion. Max wrote: "They (the proxy) especially have the same power as the proxy giver would have at a meeting." That's new to me, but just about everything to do with proxies is new to me. Interesting.

"Pretty?"

That was sure a misstatement of the facts. It was supposed to read "busy".

Then why comment in the first place????

Short answer: No. For the annual meeting, the only special power a proxy holder has is to //vote// on behalf of the absent owner. A proxy holder may not make, nor second, motions on behalf of the absent owner.

Long answer:
The many editions of Roberts Rules make clear that their guidance is designed mostly (by far) for "deliberative assemblies," where there is no board but instead, all decisions are made by all members of the organization, en masse. In a deliberative assembly (which a HOA or condo is //not//), one member is equal to another. Also in deliberative assemblies, absentee voting (including voting by proxy) is not allowed.

By contrast and per the law, for shareholder corporations such as condominiums and HOAs, the owners have a few specific powers, as given in the bylaws and state law. A board of directors does the bulk of the decision-making.

The result is that Robert's Rules lacks detailed direction on the use of proxies. Instead, for questions like TedV's, one must turn to the bylaws and statutes. (Note that Robert's Rules concedes that the bylaws and statutes trump Robert's Rules anytime there is a conflict with Robert's Rules or Robert's Rules fails to address a certain topic.)

One can read Texas statutes BO 22, TPC 209, TPC 81 and TPC 82 and see that what they are silent on the subject of motions. They do speak time and again of how the authority a proxy bequeaths to the proxy holder is to vote.

No authority exists in the statutes to allow someone to either make a motion on behalf of an absentee owner, or to second a motion. It would be strange for the original, unamended bylaws to provide such authority. Generally speaking, to add this authority would require an amendment to the bylaws.

TedV, I also caution you that the only motions that should be happening at the annual meeting are motions that have been duly noticed to all owners, pursuant to the bylaws and state laws' requirements for notice.

Going to disagree with Augustin and this is based on personal, first-hand experience.

Outside of voting, one of the other areas mentioned in the Bylaws is the adjournment of meetings, specifically the Annual Meeting or Special Meeting of the Members when a quorum hasn't been reached. It is the Members, not the Board, that will make the motion, second and vote to adjourn the meeting(s) to a later date, and depending on the Bylaws, to a reduced quorum, generally, only half of the initial quorum, say 50%. of the members. The Bylaws will say Those present, either in person or by proxy may vote to adjourn the meeting. Just because something is silent doesn't mean they can't. Show me something that says they can't make a motion. Based on Bylaws and Corporation codes across the country, some form of parliamentary procedures must be used for the types of meetings described.

For those to lazy to follow the link, the lawyer in NC said:

General proxy: The holder of the proxy has discretion to do whatever he or she wishes at the meeting and can speak, make motions, second motions, and vote on all issues

Limited proxy: The holder of the proxy can only vote on certain issues at the meeting

Directed proxy: The holder of the proxy can only vote as directed

Limited directed proxy: The holder of the proxy can only vote on certain issues as directed

Quorum proxy: The proxy only counts for purposes of obtaining a quorum and nothing else