PROXY

Started by VeronaF • 7 replies • 1422 views

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VeronaF (Virginia)
Posts: 2

Posted:

IS IT POSSIBLE FOR A HOMEOWNER TO SUBMIT MORE THAN ONE PROXY BEFORE A MEETING DATE? IF SO, WHICH ONE OF THE PROXIES WOULD TAKE PRECEDENCE?

RogerB (Colorado)
Posts: 5,067

Posted:

Verona, the most recent proxy takes precedence.

BrianB (California)
Posts: 2,820

Posted:

Roger is correct, IF there is a way to tell which proxy was signed most recently (ie, they dated the thing, referenced the previous.. this proxy supercedes the proxy of 10/12/06, etc.).

If there is no way to tell which was signed most recently, you are stuck, and should invalidate both proxies, i think. I am not a lawyer.

here's a question Roger (or others)... What if you get two proxies from the same house.. one from the hubby, one from the wife, to two different people... Which is the "real" proxy, since there can be only one per home?

RogerB (Colorado)
Posts: 5,067

Posted:

Brian, I would give 1/2 to each or void both unless there was only one of their names on the deed.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Sorry, Roger, but I don't believe your answer is correct. It's up to the owners to determine who will cast the vote, that is if only one vote is allowed per property. If they cannot make the determination, then neither proxy would count.

Mar

CharlesW1 (Georgia)
Posts: 826

Posted:

Verona,

I too would have to agree with Mary. Hypothetically if two homeowners were to submit proxies, then both would be unacceptable. As a board member I would notify the homeowner that in order for the vote or proxy to count they would have to eligible to vote, (first and foremost) and the voters name would need to be listed on the deed.

My CC&Rs states: 3.2 Voting. Members shall be entitled to one (1) VOTE FOR EACH LOT OWNED. When more than one (1) Person holds an ownership interest in a lot, the vote for such lot, shall be exercised as these Owners themselves determines and advises the Secretary prior to any meeting or referendum. The vote attributable to a lot shall be suspended in the event more than one (1) Person seeks to exercise it.

I think most say something very similar to this.

Chuck W.

Charles E. Wafer Jr.

VeronaF (Virginia)
Posts: 2

Posted:

Thanks Roger. I spoke with our HOA county liason today and he confirms that the most recent proxy would take precedence. He also recommends to be on the safe side, that the homeowner submits a signed letter to the president advising him of his intent to rescind the prior proxy just in case there's any question about the proxy.

RogerB (Colorado)
Posts: 5,067

Posted:

Mary and Chuck, the By-laws determine how to count proxies when there is more than one vote per lot. All three of us are correct when there is one vote per lot and the vote can not be split. However, when two owners of a lot vote, with one vote per lot, and the vote can be split each would count 1/2. Furthermore, my answer assumed there is one vote per lot. If there is a weighted vote per lot, 1, 2, 3, etc. based on the weighted assessment, the answer would be more complex.

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