Proxy Voting

Why aren't you checking your documents first? That's always where you should start.

Google is also your friend - you can start with this article: https://beckerlawyers.com/hoa-and-condo-proxy-procedures-differ-news-press/ Note there's a state statute that addresses condos and another addressing HOAs. Florida posters will probably chime in on this as well - or you can use the search function on this website to look for old conversations on the subject - you might find your answer there.

All that said, it would appear you can use a direted proxy, so talk to your board on how these are used in your community. Be sure to read the proxy so you'll know exactly what you're directing your proxy to do. For example, in my community, proxies can be used to help establish a quorum so the annual meeting (and board elections) can be held or designate the person to vote on your behalf. If you don't name someone, the board president would vote on your behalf. If you want your proxy to vote a specific way, there should be a space on the proxy where you can designate that, otherwise the person will vote however he/she feels. Which is why you need to discuss this with your proxy so he or she will know what your expectations are.

Typically, laws only allow for proxies. They do not specify if the proxy has to be a general proxy or a directed proxy.

Personally, I prefer directed proxies.
It's as close to voting by mail as one can be without actually voting by mail.

We used directed proxies in my previous association and also use them in our current association.

Cool, now explain how you know how your directed proxy was cast in a secret ballot election.

Yes, the secret ballot is an unintended consequence of directed proxies. Obviously not a secret ballot if an owner has to sign his directed proxy which is essentially a ballot. To make it works, the NH RSA allows any owner to inspect all proxies.

Our association is a vacation condo and the only way for many to vote is via proxy and until the law changed the board only allowed general proxies which is legally surrendering your vote to another.

NH also allows mail-in vote without a meeting and I'm hoping our association starts to follow that RSA.

John

Proxies can't be used in lieu of a ballot. Civ code 5130(b)

But proxies can't be used in place of a ballot.

The more of these conversations I read about proxies, the more I become convinced that the only reason to use the things is to establish quorum for an annual meeting, and use regular ballots to vote. I don't know if they're just written badly and people don't understand them, don't(or refuse to) follow instructions. Then, there are the people who are named someone's proxy, but ignore what they want and vote another way. - or the people they're granting proxies to wind up doing their own thing with them (which is usually not what the proxy granter wanted). This shouldn't be rocket science, but might also explain how not paying attention to the details can get everyone in trouble.

I know some people have valid reasons for not attending the annual meetings, so why not have them turn in two documents - a proxy for establishing quorum and a ballot for electing board members. Place the ballot and proxy in different colored envelopes and mail them to a location where no one can access them until the day of the meeting. At least two people should go to that location or post office box to pick up the ballots, put them in some sort of bank bag, and then the bag is opened in front of everyone, followed by the proxy envelopes (their color should be different from the ballots) and counted by another group of people, followed by the ballots. within 72 hours after the meeting, yet another group of people will do the recount and proxy inspection to ensure only eligible homeowners voted. This sounds like a lot, but some communities may not have a choice if they keep running into confusion.

The reason I say they should be used for annual meetings is because we've seen several conversations where a rouge board stays on forever because no one attends the annual meeting to participate in the election or they misuse and abuse the proxies to remain in power. If quorum is established so the meeting can be held, hopefully enough people attend and know enough about the procedures in case they need to call out the board or vote/proxy counters on bad behavior. If those folks get blown off or ignored, they can tell others what happened. That can be the beginning of revolution and real change

I love Proxies but they can be misunderstood, used improperly, and also used improperly by those that know how to use the.

Not sure, I didn't make it very far on my excel spreadsheet documenting the voting laws state by state. In NH there is an RSA for voting without a meeting, here it is. We used this RSA 5 times during the covid period and had the best voting turnout ever and each owner had 1 and only 1 vote.

356-B:39-a Voting Without a Meeting. –
Unless prohibited or limited by the declaration or bylaws, an association may conduct a vote without a meeting. In that event, the following requirements apply:
I. The association shall notify the unit owners, in the manner prescribed by RSA 356-B:37-a, that the vote will be taken by ballot and deliver a paper or electronic ballot to every unit owner entitled to vote on the matter.

Personally, I think there needs to be a separation of the annual meeting and the vote. Have a meeting to discuss articles and they have a mail-in(or electronic) vote following the meeting.

I see no reason other than perhaps to meet the quorum to allow a general proxy. IMO no owner should be allowed to vote more than once and a general proxy gives someone more than 1 vote. In our association the President once bragged about having 25 votes and the election committee lead bragged about having another 25 votes. These 2 controlled everything in the association. This is the reason I had such a battle over directed proxies, nobody wanted to give that power up. I won the battle, but my wallet took a hit.

John

yeah, I realized that after hitting enter.

Kerry

We have never sent out ballots. Anything to be voted on is done at the annual meeting either in person or via proxy. As we allow nominations at the meeting we do not know who is running for the BOD until then. If needed, our PM is prepared to make ballots out then and there.

Questions

1) If the some board candidates are not declared until the meeting then how does an owner vote via directed proxy?

2) Why can't someone run as a write-in candidate and declare this long before the annual meeting so that owners voting directed proxy could vote for them? Why wait until the annual meeting?

Thanks
John

Via proxy.

....or reelected

Once our HOA went to absentee voting--if the voter desires-meeting quorum was easy. Forcing owners to attend an annual meeting seems outdated, especially in HOAs like mine with a lot of absentee owners.--25%.

Once our HOA went to absentee voting--if the voter desires-meeting quorum was easy. Forcing owners to attend an annual meeting seems outdated, especially in HOAs like mine with a lot of absentee owners.--25%.

Not all associations are alike. Our association is a vacation association on a lake, nobody is allowed to be a resident and once Sept and the annual meeting comes around many owners have left for the season. Many owners like myself have to drive 3 hours from my primary home to attend the annual meeting to vote on 4-5 articles. I make the drive, but I wouldn't call others not willing to make a 6 hour round trip apathetic.

John