Limited or Unlimited Proxy?

Our governing doctrines (By-Laws & Covenant) specifically uses the term "proxy" but does not define it as "limited" or "unlimited". Our board of directors prefers to use limited proxies for our Annual Meeting as it enables us to get feedback from absentee members on important issues (which we keep to a minimum). Owners are given the issue to vote on and also have the ability to give their proxy to another member to vote on issues NOT included on the form....issues that just might come up at the Annual Meeting. Since our rules do not specify what type of proxy is to be used, do you think it should be up to the current BOD to decide the format?

Joan,

The answer is very simple as the 720, HOA Statutes are very clear on proxy use. I have posted it below. They are "LIMITED PROXIES"

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.

Mary's post got me thinking....

Here is a sample of FL limited Proxy for condos. It's an old form I had in my PC:

SAMPLE LIMITED PROXY FORM
The undersigned, owner(s) or designated voter of unit No. _____ in ______(name)___________
Condominium, appoints
___________________________________________________
(PRINT NAME OF PROXYHOLDER)
or _________________ (Instructions to associations: Fill in the name or position of an officer or director
who will serve as proxyholder.) as my proxyholder to attend the meeting of the members of
___________(name)___________Condominium Association, Inc., to be held ___(date)_____, 20__, at
_____(time)_____, in __________(place)_______, Florida. The proxyholder named above has the authority to
vote and act for me to the same extent that I would if personally present, with power of substitution, except that
my proxyholder’s authority is limited as indicated below:
GENERAL POWERS (You may choose to grant general powers, limited powers or both. Check “General
Powers” if you want your proxyholder to vote on other issues which might come up at the meeting and for
which a limited proxy is not required).
_______ I authorize and instruct my proxy to use his or her best judgement on all other matters which properly
come before the meeting and for which a general power may be used.
LIMITED POWERS (FOR YOUR VOTE TO BE COUNTED ON THE FOLLOWING ISSUES, YOU MUST
INDICATE YOUR PERFERENCE IN THE BLANK(S) PROVIDED BELOW).
I SPECIFICALLY AUTHORIZE AND INSTRUCT MY PROXYHOLDER TO CAST MY VOTE IN
REFERENCE TO THE FOLLOWING MATTERS AS INDICATED BELOW:
(Instructions to associations; List below the specific questions or issues to be voted on. The following are only
examples.)
1. Should the reserves required by § 718.112(2)(f), Florida Statutes, be waived for the next fiscal/calendar year?
_______ YES _______ NO
2. Should the audit of the Association records by a certified public accountant be waived for the next
fiscal/calendar year ?
_______ YES _______ NO
__________________________________________________
DATE: ___________
SIGNATURE(S) of OWNER(S) OR DESIGNATED VOTER
SUBSTITUTION OF PROXYHOLDER
The undersigned, appointed as proxyholder above, designates _____________________________ to substitute for me in
voting the proxy as set forth above. (print name)
_____________________________________ Date: _____________
Signature of proxyholder
THIS PROXY IS REVOCABLE BY THE UNIT OWNER AND IS VALID ONLY FOR THE MEETING FOR WHICH
IT IS GIVEN AND ANY LAWFUL ADJOURNMENT. IN NO EVENT IS THE PROXY VALID FOR MORE THAN
NINETY (90) DAYS FROM THE DATE OF THE ORIGINAL MEETING FOR WHICH IT WAS GIVEN.
BPR Form 33-033 Revised:

thank you, Donna. We are trying to keep from getting ourselves into trouble. I do agree with your interpertation of 720.

Joan,

Again, what you describe is NOT a limited proxy. If the proxyholder can vote as he/she chooses then it is a general proxy. A limited proxy instructs the proxyholder how to vote on specific matters.

A limited proxy does not mean there cannot be any discussion at the meeting. However, any member who has given a limited proxy to another person would not have the benefit of hearing the discussion and would have already voted on the issue thru the proxy they've given.

Joan,

Sounds like it is the same type proxy Susanna posted a copy of in her last response. I would not refer to it as a "limited proxy", because it actually contains 2 types of proxy's -- general (the proxyholder votes as he chooses) and limited (the proxyholder can only vote for a particular issue and must vote as directed by the person giving the proxy). I don't know that there is a name for this type proxy.

Joan and all, allow me to clarify further. The only time FL 718 mandates that limited Proxy be used is for condo BOD elections. Limited Proxy instructs how the homeowner wishes to vote. On the other hand, FL 720 (HOAs)does NOT require limited Proxy at all.

I meant to say the person appoints a proxy to vote on their behalf on all other issues...other than those listed on the proxy form!

Correction: FL 718 does NOT allow Proxy voting for condo BOD elections. Homeowners must use ballot.

FL 720 allows general powers Proxy voting, including HOA BOD elections.

KirkW, in FL condo associations the BOD must follow Statute 718 to the letter to avoid exposing the HOA to lawsuits.