question for Donna or Paul or both

Started by RobertR1 • 3 replies • 1037 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I need to know definitively if a proxy vote can be used to approve the expenditure of funds (assessments).

Can you just assign your vote to something that is preannounced by letter to all owners. I believe you would have to vote the proxy yea or nay, but you can not allow the board to vote it for you?

Thanks a lot, the sooner the better.

RogerB (Colorado)
Posts: 5,067

Posted:

RobertR, the HOA docs with which I am familiar allow the Board to approve the expenditure of funds without approval of the homeowners. To allow homeowners to vote on something preannounced by a letter may have been an unusually large expenditure or a non-budgeted item. An owner can vote yea, nay, abstain, or if a proxy is provided they can assign whomever they want to vote for them (unless controlling docs do not allow proxies).

DonnaS (Tennessee)
Posts: 5,671

Posted:

Robert,

Proxy votes would not be used for expenditures of funds because that is not a vote on which the membership does the voting, at least in Florida. It is a Board function. Unless there is a special assessment which is greater than the State allowance or individual document restrictions then the membership votes but NOT by proxy vote. That would be a mail-in vote or dropped off at a meeting for counting if it was approved or denied. But I DO NOT know about the great State of South Carolina and it's restrictions on maximum allowances.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

RobertR1: I believe you really need to review your state's requirements on the use of proxy votes themselves. If there is unclear or NO info on proxy votes, I would steer clear of it.

Since you are speaking about an approval of expenditures, you also would have to refer to your own docs to learn if there is a percentage increase of expense allowed without member vote, and whether the Board (only) has the authority to vote and pass?

IMO, any expenditures requiring a vote should not be voted by proxy. It is just as easy to mail out member ballots for their return or pickup/drop-off.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here