Proxy language

Started by GaryF2 • 5 replies • 2423 views

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GaryF2 (Florida)
Posts: 8

Posted:

We live in a small community of 117 single family homes in Florida. The Proxies came out for the first meeting of the year. The question is, can business be conducted and changes be voted on using the Proxies WITHOUT saying the Proxy will be used for something specific? Our fear is, this President likes to bully and change the rules without a vote. Our By-Laws do not say when the Proxies should be opened, only that they are to make a quorum to be able to have a meeting.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Gary,

No Gary,
Proxies in Florida are for LIMITED USE ONLY!!!! Read below the restrictions on their use.

720;303
3. Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

720;306
8) PROXY VOTING.--The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.

GeraldT4
Posts: 1,022

Posted:

But DonnaS - Can't the proxy be used for any matter that may arise during the particular meeting? Therefore, if a matter arises and the proxy holder is acting in the owners stead, can't the proxy be holder act? I've seen wording on proxies..."or any other matter that may arise...".

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hey Gerald,
Probably not as any item that would be voted on by a member of the association has to have proper notification of 14 days so the proxy would be used at a duly called meeting for quorum requirements and elections. The wording on the Proxy says that -Only for the reason stated on the Proxy, which eliminates other issues.

NicoleW4 (Georgia)
Posts: 41

Posted:

Do you know where I can find this same information for Georgia? I want to create my own proxy and need to make sure I include everything to make it valid. The neighborhood proxy is worded so that the proxy will go to the preselected board by the selection committee. Can they do that?

thanks,

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nicole,

It's best to start a new thread than reactivate an old thread.

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