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AdamC2 (Colorado)
Posts: 10
Posted:
Is it possible to make a proxy similar to that of a petition? In my example the top portion of the proxy would have the usual information.. The bottom portion would hold lines filled out, signed, and dated by the homeowner.

It would be very helpful to have all the proxies together rather than individual pages, but I have not been able to find any information out there regarding the specific format of a proxy other than its content (i.e. dated and signed).

Any thoughts?

Cheers,
Adam
RogerB (Colorado)
Posts: 5,067
Posted:
Attached is an example of a general proxy form.
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📝11230311021071.doc(23 KB)
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By AdamC2 on 12/30/2009 4:30 PM
Is it possible to make a proxy similar to that of a petition?

It would be very helpful to have all the proxies together rather than individual pages, but I have not been able to find any information out there regarding the specific format of a proxy other than its content (i.e. dated and signed).

Any thoughts?

Cheers,
Adam

Adam,

Since proxy appointments are an individual action vs. a group action, it is not practical to have multiple proxy appointments on one page. Remember, A member can assign anyone to be a proxy (it doesn't have to be a blanket appointment to the Board).

Tim
JeanneK3 (Maryland)
Posts: 562
Posted:
AdamC2:
If asked, I would recommend that no homeowner sign a general proxy but only a specific proxy for a specific action. For example, I know of an association where a majority of the membership must approve special assessments. If one signs a general proxy thinking, for example, the proxy was to get a quorum for an election and a special assessment is discussed at that meeting, one has given up his/her ability to vote it down. General proxies are extremely dangerous as they can be misused.
Jeanne
RobertR1 (South Carolina)
Posts: 5,164
Posted:
JeanneK,
Well...........I am going to ask and also ask if you would look at Rogers example of a General proxy and let us know what you think. I expect your considerations bear merit and I personally think general proxies can lead to all kinds of problems. AZ has done away with proxies I understand, which leaves us back to some kind of mail in Ballot. I suppose that any time you use a proxy, if allowed, there should be some containment (if that is the right wording) statement on the proxy.
Thanks,
JeanneK3 (Maryland)
Posts: 562
Posted:
RobertR:
Roger's proxy is a classic general proxy that is used all over the country. With absolutely no reflection on Roger, whose advice is always spot-on, I would not sign this proxy.
JeanneK
RobertR1 (South Carolina)
Posts: 5,164
Posted:
JeanneK3,
I happen to agree with you, and I also believe for HOA's it may be a case that every Hoa may require a tailored proxy. I expect this was the reason for AZ to do away with them. But, IF, you were asked to write a general proxy, and lets restrict it to your HOA, what would it look like.
AdamC2 (Colorado)
Posts: 10
Posted:
JeanneK3 et all,

Thank you all for your comments thus far.

JeanneK3: Unfortunately the scenario you have described is exactly what happened in our HOA. One homeowner managed to obtain more than half of the membership's proxies. She used reasons ranging from keeping dues down to removing the Declarent as reasons to acquire them form the residents.
I do not agree with one person having that much control no matter who they are. However, I am forced at this point to pursue the same course of action to right this terrible wrong and get the HOA back into the hands of the community and not one person.
So with that said, I have attached a sample proxy I was hoping to use to get things back on track in our HOA.

Thanks, Adam

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📝11231324539771.doc(50 KB)
RogerB (Colorado)
Posts: 5,067
Posted:
Adam, the HOAs we manage would not accept proxies submitted on your form. Safeguards are needed to prevent the misuse of proxies and your form does not provide any. On my example note that the proxy form has the Owner of record and their Unit preprinted on the form. It is mailed to and available only to each member in good standing. Whereas your form could be printed and completed by anyone without the owner's knowledge. Also, limiting the number of the proxies to four/unit can help while still providing sufficient, but not overpowering, representation to hold an association meeting and conduct business. We believe stongly in the use of a proxy to achieve a quorum. Otherwise, we have found it is difficult to hold any annual meeting due to a lack of a quorum.

Meanwhile, when trying to approve important changes (such as amending the Declaration of CC&Rs) we would never suggest the use of proxies. Instead a mail in ballot which is signed and dated by all owners of record is recommended.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
I believe several(at least)of us agree the Mail in ballot is the better vehicle for voting procedures and annual meeting, and the ballot could be used to obtain quorum.
JeanneK3 (Maryland)
Posts: 562
Posted:
AdamC:
I agree with RogerB.
Jeanne
AdamC2 (Colorado)
Posts: 10
Posted:
Thanks RogerB

The example I provided would spell out the exact use of the proxy for the specific date of the special meeting only. At this point I will need to gather enough proxies from the homeowners to not only call a special meeting but to remove the Board and hold a new election. I completely agree that limiting the number of proxies to four/unit is a good way to go, though our HOA would probably need to change that number to ten/unit for quorum (715 units and usually only 35 to 50 attendees). Unfortunately that change can not happen until I am a recognized Board member. Uhg - why is it so hard for people to do the right thing?

Happy New Year!
Adam

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