Proxy Forms Not Signed

Are proxy forms not signed, or dated, by the homeowner considered valid? Or, can the BOD, CAM, or tellers make an independent decision to accept that form just because the name written on the form matched the address on the CAM's roster?

I would like to challenge votes tallied and cannot find any reference in our governing documents on this. Has anyone else encountered this problem; if so, what can be done about this now since we just held our Annual Election the other day and, just squeaked by(quorum)? Thanks! -Renee

I would strongly suggest that the proxy list the correct procedure for submission. That procedure would also include the handling and processing the proxy. If you don't want to put this on individual proxy, include all instructions separately, and post as well.

Off hand I would say it is a bad policy to let folks make up rules after the fact.

Robert, I couldn't agree more. If it isn't the absence of signatures, then it is an incomplete form(other information omitted) and/or each year a Board Member (this year we had an attorney present) will come up with another "Bend the Rule Story" e.g., candidate profiles aren't required for anyone running for the board or, not having to show up for the Annual Election or, couple year's back they said it was okay to have someone else sign the form instead of 'owner of record'. When I challenged them on that and referred them to our governing docs on that, those proxies were voided. Every year it is different--this year was no different.

Charles,
You will have to elaborate on your comments Charley.

If your association has a limited # of votes, and nearly all do, how can you account or validate more than that #. Most if not all associations allow one vote per unit. That vote is normally counted against the unit number. 100 votes = 100 units. All proxies should be signed by the unit owners. That is what a proxy is. You give your vote to someone else or you use the proxy to vote your vote. IMHO.

If the procedures for proxys are not in your association governing documents, then you have to resort to (if your association is a non-profit corp.) the state laws govening non-profits. That's is how it is with anything that is not outlined in your bylaws, your look to the next governing body.

Tammy,

Sorry, I spoke too soon! My bylaws do not state a proxy must be signed by the AZ nonprofit corp act does say ". . .a member may appoint a proxy by signing an appointment form. . .". This should be construed to mean the proxy must be signed.

At our annual meeting the members' proxies were turned in to the secretary who recorded who had received which member's proxies. During the election of officers, the President voted his 74 proxies and his candidates won every position. Do I as a member of the HOA have the right to see the list of members that sent him their proxies? I have asked to see the list and the Board has refused to make it public. How can we get this list?
It seems that it should be available, since all the Board knew how all our proxies were voted.

Diane,

Do you have a reason to believe the Pres. 74 proxies were not valid? In many states, and also as stated in may bylaws, members have a right to inspect and/or copy assn records that are not confidential. Since you only want to see a list of the names of the members who gave the Pres their proxy, I don't know that the board should deny this request. I don't know what harm it would do, unless they know enough of the proxies were invalid. Oftentimes members get upset because a member or board member will collect enough proxies to sway an election. They seem to forget that any member can collect proxies, not just a board member. If your board is stating proxies can only be given to a board member (perhaps the Pres) I believe this practice would be overturned in a court case. Of course is it worth the time, effort and cost to sue the board?

Bottom line: thorough check your bylaws for a provision pertaining to records and if members have a right to inspect and copy assn records. Also check your HOA state laws, including the state nonprofit corp laws for a provision pertaining to this. If state law or your assn bylaws give the members this right then send a letter to the board, outlining the pertinent bylaw article and/or state law and make your request. If they still deny you then they would be in violation of either assm or state law.