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JoanT7 (Washington)
Posts: 1
Posted:
I am on the documents committee at my HOA. MY HOA was established in the 1980's and is governed by it's own declarations and subject to the applicable sections of RCW 64.34.340 on voting by proxy. I cannot find a definitive answer in these documents to my questions.

Question....Can a proxy be written that does not designate a person to vote for the owner but instead is to be used to establish a quorum only? Is this legal under WA state law that would apply to my HOA?

Question...Can a proxy be written that designates the Board to vote on owners behalf without designating a particular person? Is this a legal thing to do in WA state?

I would appreciate any light you could shed on this matter.

SheliaH (Indiana)
Posts: 6,964
Posted:
We give that option on our proxies. Our proxy also allow homeowners to state it can only be used to establish quorum or nominate another homeowner (including oneself) for a spot on the board.

We also state if the house is co-owned, the owners must decide among themselves who will complete and sign it (one proxy per unit because it's one vote per unit) there's a deadline to return it and if the owner shows up at the meeting, the proxy is canceled and he/she can cast a vote in person.

Since your documents don't say yea or nay, you can probably do it, but be sure to run it by your association attorney to get the wording correct, especially since there may be state law that applies to your community. If you read enough conversations on this website about proxies, you'd be surprised how many people get confused as to how they should be used and I think a lot of it's due to horrible writing and/or people's inability (refusal?) to slow down and read the damned thing before completing and signing it.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
While not familiar with WA:

Question....Can a proxy be written that does not designate a person to vote for the owner but instead is to be used to establish a quorum only?
YES

Is this legal under WA state law that would apply to my HOA?
DO NOT KNOW WA LAW.

Question...Can a proxy be written that designates the Board to vote on owners behalf without designating a particular person?
YES

Is this a legal thing to do in WA state?
DO NOT KNOW WA LAW

Proxies are a great but often not understood and abused tool.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
While not familiar with WA:

Question....Can a proxy be written that does not designate a person to vote for the owner but instead is to be used to establish a quorum only?
YES

Is this legal under WA state law that would apply to my HOA?
DO NOT KNOW WA LAW.

Question...Can a proxy be written that designates the Board to vote on owners behalf without designating a particular person?
YES

Is this a legal thing to do in WA state?
DO NOT KNOW WA LAW

Proxies are a great but often not understood and abused tool.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JoanT7 on 08/30/2023 3:13 PM
I am on the documents committee at my HOA. MY HOA was established in the 1980's and is governed by it's own declarations and subject to the applicable sections of RCW 64.34.340 on voting by proxy. I cannot find a definitive answer in these documents to my questions.

Question....Can a proxy be written that does not designate a person to vote for the owner but instead is to be used to establish a quorum only? Is this legal under WA state law that would apply to my HOA?

Question...Can a proxy be written that designates the Board to vote on owners behalf without designating a particular person? Is this a legal thing to do in WA state?

I would appreciate any light you could shed on this matter.


JOAN

While not familiar with WA:

Question....Can a proxy be written that does not designate a person to vote for the owner but instead is to be used to establish a quorum only?
YES

Is this legal under WA state law that would apply to my HOA?
DO NOT KNOW WA LAW.

Question...Can a proxy be written that designates the Board to vote on owners behalf without designating a particular person?
YES

Is this a legal thing to do in WA state?
DO NOT KNOW WA LAW

Proxies are a great but often not understood and abused tool.
KerryL1 (California)
Posts: 14,550
Posted:
What is the purpose of the Documents Committee? (if your HOA is incorporated), do your current Bylaws say nothing about proxys? One wouldn't expect proxys to be discussed in the declaration.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JoanT7 on 08/30/2023 3:13 PM
I am on the documents committee at my HOA. MY HOA was established in the 1980's and is governed by it's own declarations and subject to the applicable sections of RCW 64.34.340 on voting by proxy. I cannot find a definitive answer in these documents to my questions.

Question....Can a proxy be written that does not designate a person to vote for the owner but instead is to be used to establish a quorum only?
To accomplish a "for quorum only" proxy, and per 64.34.340, a "directed proxy" has to be used. Please google on the latter and as needed, ask further questions here.
Quote:
Posted By JoanT7 on 08/30/2023 3:13 PM
Question...Can a proxy be written that designates the Board to vote on owners behalf without designating a particular person?
Yup. 64.34.340 says this is allowed. Read the latter again and tell me if you do not see where the statute section says this. Hint: 64.34.340 directs the reader to the Washington Nonprofit Corp Act, section 24.06.110.

In the future, I advise your board to use an attorney to get the answers to these questions.

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