Who can be assigned a proxy?

Started by WilliamD • 8 replies • 2742 views

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WilliamD (Virginia)
Posts: 13

Posted:

Does the person authorized to vote a proxy have to be a member of the HOA?

Our Governing Documents seem to be silent on the matter.

Bill

BobW1 (Florida)
Posts: 11

Posted:

it is my understanding a voting member / owner can assign a proxy to any individual---

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

WilliamD,

Do your gov. docs. say only members in good standing can vote? If so, than the proxy holder must be a member of the HOA.

GeraldT1
NNJ

RogerB (Colorado)
Posts: 5,067

Posted:

Bill, when your by-laws are silent on who can be issued a proxy look at the proxy and/or notice of meeting for any requirements. Also, if incorporated look at the state statutes on non-profits for guidelines on issuing proxies. Generally, I would guess it may read anyone over 18 years of age. Your proxy is definitely valid if it is another member.

WilliamD (Virginia)
Posts: 13

Posted:

The Declarations of Covenants says that "Each Member shall be entitled to cast one vote." The Board of Directors may suspend that voting right for non-payment of assessments or violation of Rules or Regulations.

I don't see that this would prevent a homeowner, Member, from giving his proxy to a Non-Member.

I note that the Bylaws do permit Proxies to be given to Mortgagees who would not be members so perhaps that is the answer to my question.

Bill

WilliamD (Virginia)
Posts: 13

Posted:

Thanks Roger, I see no limitations relating to whom can hold a proxy in State Code for either Non-Stock Corps or HOA. Therefore I conclude that the recipient of the Proxy need not be a Member of the HOA.

bill

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

WilliamD,

Your covenants say each member shall be entitled to cast one vote, not each non-member.

GeraldT1
NNJ

BrianB (California)
Posts: 2,820

Posted:

gerald

a proxy in use is exactly the same as a member: in effect, the member is giving ANY person they choose the full rights, responsibilities and such as they own.

so yes, they can give their vote to anyone, member or no. the only time that can't happen is if they are not eligible to vote themselves.. then they can't give away what they don't have.

think of it like power of attorney... you can assign that to anyone, to act on your behalf exactly as if they were you. proxy is the same, it gives the bearer to all the rights of the original.

WilliamD (Virginia)
Posts: 13

Posted:

Thanks all, this is a great resource for obtaining different viewpoints based on broad experience.
Bill

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