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DickL1 (Florida)
Posts: 1
Posted:
WE are a Homeowners Association in Florida. This year we are going to provide a slate of members for directors to be voted on by the membership at the annual meeting. Can a proxy be used such that the President can determine which members are elected if she has the most votes by proxy? and which is the best way to send out this info?, is a separate return envelope required to return the ballot or if the member uses the proxy is that legal?
CharlesW1 (Georgia)
Posts: 826
Posted:
DickL1,

I’m new to all the dos and don’ts of an HOA. I wish I could provide you with the information you’re in search of but, I’m learn with every post I read. Its the advice like yours and the responses that are written from other HOATalk members that continue to educated me the most.

I wouldn’t think this president wouldn't be able to assign proxies to whom ever she wishes. To my understanding a proxies is giving a member of the association the power to vote in their behalf. If the appointed spot is left blank then the president could sign her name there, meaning she could then cast the vote as she would like. It’s not fair, to you or the people of community! I would suggest finding a member that will attend the elections that will put there name in the appointed spot. I hope this is making some since

Our elections are this Saturday morning. It’s been a long battle just to meet quorum, to even hold an election. I’ve had to go door to door and ask for proxies. Our MC has put together a two page sheet. The first page is explaining what a proxy is, and encouraging all to attend the meeting and it also lists who will be running for position on the board. The second page is the proxy itself.

It has a spot for the residents name to be printed, His/her signature, their address and the date.

Above all of this is a spot were the homeowner (if they aren’t able to attend the meeting) can appoint any individual that will be present. The homeowner can not appoint anyone that is running for the board, though. If that spot remained empty then it would be filled in by the current president. My wife is going to be at this Saturday elections, so I told all the homeowners that I had spoken to that they can put her name on the line, which is given her the power to vote on their behalf. I tell the homeowner if you happen to attend then the proxy is just thrown out and you can vote yourself, which of course I would prefer but if they can’t make it then the proxy would appoint my wife (in this case) to vote in their behalf.

Question for you, Is the current board running for position as well. I was told that any person running couldn’t have their name in that spot. If this is correct then anyone running couldn’t be appointed by an absent homeowner. I think! This would avoid the whole situation.

I will be typing in the proxy our MC had given to me. Do you have a management company? They will have a proxy for you, they may have mailed one out to all homeowners earlier in the year as well. If not you can have the one I will be submitting later today. Once I have the time to type it in. My skills are a bit to be desires at the present time. I believe it was Roger who had posted a proxy in which I had asked him if I could use. I didn’t end up using it but, I’m sure (with some alteration) he wouldn’t mind if you used it either.

Best of luck
Chuck W.


Charles E. Wafer Jr.
CharlesW1 (Georgia)
Posts: 826
Posted:
DIRECTED PROXY
________________ HOMEOWNERS ASSOCIATION, INC.
2006 ANNAUAL MEETING PROXY

Instructions: Complete the below Proxy and return it to ā€œfill in where you would like them to mail it"
OR
THEY CAN FAX, NO LATER THAN____________
MAIL TO ____________ NO LATER THAN____________

OR
GIVE IT TO SOMEONE TO BRING TO THE MEETING
OR
YOU COULD EVEN PICK UP THE PROXY YOURSELF.

I hereby appoint________________________( or if no individual is designated, the president of the board of Directors) as my proxy with the poser of substitution to vote and otherwise represent me at the Annual meeting of _________________Homeowners Association on _______________ 2006 and any adjournments thereof with the same effect as if I were present and voting. This Directed proxy shall expire 11 months from the date of execution.

________________________ _______________________________
Members name ( please print) Member Signature

________________________ ________________________________
Property Address Date

Charles E. Wafer Jr.
CharlesW1 (Georgia)
Posts: 826
Posted:
I’ve been looking all morning for the sample proxy posted by Roger, some time ago, subject was ā€œshould your vote countā€

Take a look at it if it works use it, If Roger doesn’t mind, if so then I have provided one you can have! I’m sure he wouldn’t mind at all. Just have to change its specification to accommodate your community.

I hope you receive some good advice, I have
Chuck W.

Charles E. Wafer Jr.

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