Official Proxies

Started by NancyT2 • 8 replies • 1362 views

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NancyT2 (Maryland)
Posts: 1

Posted:

Can a homeowner prepare his own proxy notice in order to give his neighbor his proxy? The HOA bylaws allow for proxy voting but the Directors only provide a proxy that states it is for meeting quorum purposes and is not for voting. And must the proxy notice be submitted prior to the meeting to the Secretary or can the neighbor bring the voting proxy notice with him to the meeting?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By NancyT2 on 03/19/2009 8:13 AM
Can a homeowner prepare his own proxy notice in order to give his neighbor his proxy? The HOA bylaws allow for proxy voting but the Directors only provide a proxy that states it is for meeting quorum purposes and is not for voting. And must the proxy notice be submitted prior to the meeting to the Secretary or can the neighbor bring the voting proxy notice with him to the meeting?

Nancy,

Do your bylaws explicitly state, "voting may take place by proxy" or do they just say proxys are allowed? If they explicitly state proxy "voting" is allowed, then the BOD should provide a proxy that can be used to cast a vote and also count toward the quorum. If you prepare your own proxy the BOD may choose not to accept it. I don't know that this would be legal, but unless you challenge them in court, they can get away with it. Proxy's may be mailed to the Board sec or brought to the meeting and given to the Sec. in person.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

The wording of proxies and their use is governed by state laws. If the law is silent on the particular issue, then the corporation has some ability to specify the form and use of proxies.

A proxy is a form of a limited power of attorney. In general, a homeowner can write a proxy that differs from a so-called "official" proxy. I am not aware of any situation which limits use only to quorum requirements, rather than voting. I would expect that a corporation could, indeed, require that proxies be submitted in advance of the meeting, perhaps to assure proper authentication.

EdieL (Virginia)
Posts: 86

Posted:

On this subject, can a proxy that was for casting a vote only,
then be used by the BOD to establish a quorum ?
Edie

MaryA1 (Arizona)
Posts: 7,043

Posted:

Nancy,

With regard to my statement: "Proxy's may be mailed to the Board sec or brought to the meeting and given to the Sec. in person.", I should have added, "unless the BOD has instructed otherwise."

DonnaS (Tennessee)
Posts: 5,671

Posted:

Nancy,

HOAs that allow the use of proxies for obtaining required quorums and for allowing them to be used as a ballot, will have the statement for use in your governing documents. Your State may also address the use of proxies so check the State Laws or Statutes on Proxt use.

However, I would bet solidly that the homeowner cannot write or create their own proxy. These are actually a legal document, being authorized by the Board and not like a note from your teacher.

Again, your own documents will state how they must be used. Where they go and when they must be recieved and by whom. Mine say, the day prior to the vote and to the Secretary of the association, not handed in at the meeting.

MikeS1
Posts: 521

Posted:

When you say "create" a proxy, do you mean copy the blank document? What's to prevent anyone from doing this unless they are nummbered or coded?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Nancy asks if the H.O can prepare. Does that mean make it up or fill it in as "prepare my taxes"? Proxies can be duplicated and many association are using numbers or special paper or ink to lessen their misuse. I prefer just to get rid of them.

DeirdreN (Florida)
Posts: 7

Posted:

Florida condominium law states you must use proxies that "substantially conform" to the ones found on the state's website. I am not a lawyer but it seems to me that means that however you format it, ie, handwrite it or typewrite it, the proxy still must contain the same information as an official proxy. Within those parameters I don't see a problem.

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