1 Proxy for 2 Meetings

Started by LoriE • 7 replies • 1896 views

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LoriE (Indiana)
Posts: 34

Posted:

Our board has requested a Special Meeting for a special assessment. In their letter to the neighborhood, they state "Should you vote by proxy to meet the October 11 date, and it becomes necessary to hold the October 12 meeting, your proxy vote will be carried over to the October 12 meeting."

How can they allow 1 Proxy for 2 meetings just so they can get quorum? It is my understanding that they cannot. We need to not only notify the residents but also the non-residents, because that is who the board will be going for to get quorum.

How would you present this to your neighborhood?

Help in Indiana!!!!

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

This is not an uncommon circumstance or practice. Here is typical proxy language used in order to achieve a quorum:

and any subsequent meetings called for the purpose of achieving a quorum, pursuant to the applicable provisions of the By-laws of the Association

Does this help?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Lori,

The proxy should state when it expires. In some instances the proxy is good for as long as 1 year and would be valid for all meetings occuring w/i that year. This is not unusual at all. Also, it's not unusual for the proxy to be used only to attain a quorum.

KirkW1 (Texas)
Posts: 1,665

Posted:

A couple things to keep in mind:

First, even if you execute a proxy, by showing up you can still vote. Your presence over-rides the proxy and you vote in person instead.

Second, the point of the second meeting is because they are concerned about making quorum on the first meeting. And it would seem self-defeating to to have to work even harder for the second meeting.

LoriE (Indiana)
Posts: 34

Posted:

Thanks, I'll keep those suggestions in mind.

LoriE (Indiana)
Posts: 34

Posted:

The proxy does not say when it expires.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By LoriE on 09/30/2008 7:56 PM
The proxy does not say when it expires.

Then the proxy expires as stated in your Bylaws. If not in the Bylaws and you are incorporated then it expires according to your state's nonprofit act. It Colorado that is 11 months later.

MaryA1 (Arizona)
Posts: 7,043

Posted:

AZ nonprofit corp statute states a proxy is ". . .valid for 11 months unless a different period is expessly provided in the appointment form."

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