Proxies again

Hi Jeff,

While new here, I would ask why someone would bring a proxy that they'd written to the meeting? Our members only use proxies when they won't be attending the meeting. One way around this is to send out proxy forms when you send out the meeting notice...that's what I do anyway. Why would they create their own proxy form when I give them one? You know what I mean? My By-laws outline what must be included on the proxy (date/time/location/purpose/etc), but it doesn't detail the exact wording.

The way I've always understood proxies.... Let's say I can't attend a meeting. I want to give my proxy to my neighbor Sally, who I'm friends with. She and I have never, ever discussed anything relating to association business. So, she attends the meeting, and she actually has two votes...one for her unit, and one for mine. A serious vote comes up, and she votes against. After the meeting, I talk to her, and find out how she voted. How on earth can I be upset, when I gave away my power without ever discussing issues? My personal opinion is that any restrictions on a proxy vote would have to be discussed/agreedupon PRIVATELY between the proxOR and the proxIE (does that make any sense?).

Dictionary definition of Proxy -
1. the agency, function, or power of a person authorized to act as the deputy or substitute for another.
2. the person so authorized; substitute; agent.
3. a written authorization empowering another person to vote or act for the signer, as at a meeting of stockholders.
4. an ally or confederate who can be relied upon to speak or act in one's behalf

Hopefully, others who know much more than I do can comment.

TracieS

I would think that legally any proxy that has the required elements would be valid. I know for fact that corporations are not able to reject proxies just because they didn't print them. (Though it would certainly have made the life of HP's previous CEO a lot easier.)

Now having said this, the next question would be who is going to take the issue to court? The truth is that most of the time these issues are decided by whoever backs down first. (If they actually raise a problem.) Given who is getting proxies I doubt there will be any contention unless you have a rift going on in the Board.

Well, here's my proxy... I left some identifying information off, but this meets our (state/nonprofit/bylaws) requirements.

OFFICIAL PROXY
______________________ Association Annual Meeting

A. I hereby certify that I own, via recorded Deed, the following described property(ies):_________________________________________________________________
______________________________________________________________________________

B. I hereby appoint as my official Proxy,
to exercise my vote on any and all matters and subjects that may come to the attention of the membership of the _____________Association at, and only at, the meeting of that body to be held Saturday, June 27th, 2009 starting at 10:00 a.m. at the Pikes Peak Library District East Library.

C. This proxy shall be void if I personally attend the said meeting.

Name and Date (print):

Signature:
Give to designated proxy or forward to: ___________, Secretary, _________Lane, C/S, CO 80907 (prior to meeting).

Perhaps this will help you draft something up. I'm guessing, because of the language, that we use general (not DIRECTED) proxies. I mail this out with the formal meeting notice/budget/agenda (no more than 60 days, and no fewer than 10 days) before the meeting.

Eva,

If a member chooses to mail in his ballot then he doesn't need to give anyone a proxie. IMO, this would be the preferred way as each owner would be casting his own vote instead of giving a proxy to someone who may vote differently than he might. Several years ago, AZ passed a law prohibiting proxies and requiring mail-in ballots. These mail-in ballots also count toward the quorum which serves to eliminate a big problem for many assns.

Using a mail-in ballot would be determined by what your bylaws say. If it says votes may be cast in person or by proxy, then mail-in ballots are not allowed. However, if it says votes may be cast in person, by mail or by proxy then mail-in ballot can be used.

First, a directed proxy can be a way around the lack of mail in voting.

Beyond that, the reason for having a proxy over a mail in ballot could be for any of the following reasons:

1) In some states motions from the floor are allowed. This allows for someone to vote on your behalf on those motions.

2) You can direct one or more issues while leaving the holder to vote what they feel is best on other issues. I could easily envision cases where my position on an issue changes after the floor debate/discussion.