Annual Election Votes

ReneeD (Illinois)
Posts: 201

Posted:

If a homeowner submits their proxy to elect new board officers but then decides to show up at the meeting because

A proxy is submitted by homeowner for upcoming election. The homeowner decides to attend that meeting to hear the outcome of who is elected. BTW, the homeowner does not want to change their original selection of candidates. Would it be correct for the Association Manager to "pull" the proxy and replace it with a ballot without informing the homeowner she has done so just because the homeowner attends the meeting?

Thanks. -Renee

TimB4 (Tennessee)
Posts: 21,059

Posted:

Renee,

A proxy appointment is valid unless:

a) The member withdraws it
b) The function the proxy was for is over
c) An expiration date is reached (if so stated)
d) If no expiration date is noted, after 11 months has passed (based on IL law)
e) As your governing documents may direct

For my HOA, if the member shows up at the meeting, the proxy is considered withdrawn and the member is given a ballot. However, it doesn't have to be that way.

No matter what your manager does, it must be in accordance with the members desires and not without the members consent.

Tim

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By TimB4 on 12/30/2009 2:57 AM
Renee,

A proxy appointment is valid unless:

a) The member withdraws it
b) The function the proxy was for is over
c) An expiration date is reached (if so stated)
d) If no expiration date is noted, after 11 months has passed (based on IL law)
e) As your governing documents may direct

For my HOA, if the member shows up at the meeting, the proxy is considered withdrawn and the member is given a ballot. However, it doesn't have to be that way.

No matter what your manager does, it must be in accordance with the members desires and not without the members consent.

Tim

Tim,

To clarify your last sentence: In saying "members desires" and "members consent" you did mean the proxy giver, right, not just any member of the assn?

AZ law states that appointment of a proxy is revoked by the person who appoints the proxy by "attending any meeting and voting in person". I believe this is standard practice. I don't believe anyone would have the legal right to dictate to the proxy giver than his proxy cannot be revoked because he decided to attend the meeting.

RobertG (Arizona)
Posts: 505

Posted:

Quote:

Posted By MaryA1 on 12/30/2009 8:28 AM

Posted By TimB4 on 12/30/2009 2:57 AM
Renee,

A proxy appointment is valid unless:

a) The member withdraws it
b) The function the proxy was for is over
c) An expiration date is reached (if so stated)
d) If no expiration date is noted, after 11 months has passed (based on IL law)
e) As your governing documents may direct

For my HOA, if the member shows up at the meeting, the proxy is considered withdrawn and the member is given a ballot. However, it doesn't have to be that way.

No matter what your manager does, it must be in accordance with the members desires and not without the members consent.

Tim

Tim,

To clarify your last sentence: In saying "members desires" and "members consent" you did mean the proxy giver, right, not just any member of the assn?

AZ law states that appointment of a proxy is revoked by the person who appoints the proxy by "attending any meeting and voting in person". I believe this is standard practice. I don't believe anyone would have the legal right to dictate to the proxy giver than his proxy cannot be revoked because he decided to attend the meeting.

Mary, when did proxies get back into Arizona HOA law?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MaryA1 on 12/30/2009 8:28 AM

Posted By TimB4 on 12/30/2009 2:57 AM

No matter what your manager does, it must be in accordance with the members desires and not without the members consent.

Tim

Tim,

To clarify your last sentence: In saying "members desires" and "members consent" you did mean the proxy giver, right, not just any member of the assn?

AZ law states that appointment of a proxy is revoked by the person who appoints the proxy by "attending any meeting and voting in person". I believe this is standard practice. I don't believe anyone would have the legal right to dictate to the proxy giver than his proxy cannot be revoked because he decided to attend the meeting.

Mary,

Yes I was indicating the member who appointed the proxy.

As for AZ law, as Robert pointed out, I understood that AZ 33-1382 prohibited proxies except for timeshares.

Tim

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tim & Robert,

That's correct; proxies have been outlawed for HOAs in AZ. I should have been more clear when I posted that statute which is contained in the nonprofit corp act. Although it no longer applies to HOAs, it serves to reinforce my opinion about revoking a proxy.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Tim,

FYI. . .

The correct AZ HOA statutes pertaining to proxies are: 33-1250 (condos) and 33-1812 (planned communities).