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Subject: proxy and voting question
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EllieJ
(South Carolina)

Posts:2


10/27/2019 6:17 AM  
2 questions
we have 3 candidates running for 4 available slots in our upcoming annual election.
our proxy/ballot has the names of the 3 candidates and the option to write in 1 candidate.
i understand that signing the proxy will go towards quorum, but i do not want to cast votes for the 3 listed candidates.
i plan to vote for a write in candidate.
can i do that and will it invalidate my proxy?
i can't find anything in SC law indicating whether or not i have the option of writing in additional candidates.
nothing in our controlling documents that addresses this issue.
BenA2
(Texas)

Posts:538


10/27/2019 6:42 AM  
Calling it a proxy/ballot confuses things. Proxy generally means you are allowing someone to vote on your behalf (depending on your HOA, that could be the board, the president, or a member you designate). A ballot is generally used for you to cast your vote for the candidate(s) of your choice.

In some HOAs your only options are to vote in person or vote by proxy. Others allow absentee voting by sending in your ballot. It sounds like yours may be combining the proxy and balance, which is fine as long as it is allowed by your governing documents. I would clarify this with your board.
TimB4
(Virginia)

Posts:16542


10/27/2019 6:58 AM  
Agree with the confusion.

There are two types of proxies.

General: Assigns someone to be your representative and to cast a vote on your behalf.
How the vote is cast (for/against) is left to the discretion of the individual assigned as your proxy representative.

Directed: Assigns someone to be your representative and to cast a vote on your behalf.
It further directs the individual to cast the vote a specific way (for or against).
EllieJ
(South Carolina)

Posts:2


10/27/2019 7:08 AM  
thank you for your replies
1. our proxy and ballot is combined, and yes, it is compliant with our controlling documents.
2. since i cannot attend the meeting, i am really looking for an answer to my question regarding whether i can sign the proxy without voting for the candidates listed? will that invalidate my proxy?
JohnC46
(South Carolina)

Posts:8827


10/27/2019 10:08 AM  
Ellie

You can modify the existing proxy or make one of your own to express your desire. You can also assign your proxy to someone attending the meeting and have them vote the way you want.
BillH10
(Texas)

Posts:410


10/27/2019 12:02 PM  
Tim

In Texas, property owner associations are specifically authorized by the Property Code to include a third type of proxy, entitled "Proxy for the Purpose of Attaining a Quorum Only".

This type of proxy does not fit into either the General or Directed Proxy category as it does not convey voting rights in any way shape or form. I don't know if this type of proxy is used in other states, I can tell you its use has largely eliminated the problems associated with attaining quorum for annual meetings.

Like any other proxy, if the property owner attends the meeting, he or she is given the option of revoking the previously issued proxy or letting it stand.
JohnC46
(South Carolina)

Posts:8827


10/27/2019 12:35 PM  
We use Proxies for two purposes:

Main purpose is to obtain a Quorum at the Annual Meeting. Without, I doubt we would have a Quorum 20% of 112 required.

Second purpose would be for voting though we have never used it for such. As we allow BOD Nominations from the floor we have never prepared a BOD Ballot. Typically we have to "draft" people to be on the BOD.

Our MC mails out the Proxy along with the Annual Meeting Notice and Agenda. The Proxy names the BOD as the Proxy holder unless another person is named.

Typically the majority that attend do so to complain about an issue they are having have versus being there for the greater good of the association. As the HOA does all landscaping, the majority of the complaints are landscaping issues. Always has been and always will be.

Our HOA is easy very to run. We have an MC who handles the money. We have no amenities thus no discussions about such. Our budget is sound. We are very open about everything. We will Email any financial information asked for. Few owners want to get involved. Some might call it apathy. I call it happy homeowners.


BenA2
(Texas)

Posts:538


10/27/2019 8:28 PM  
Posted By BillH10 on 10/27/2019 12:02 PM
Tim

In Texas, property owner associations are specifically authorized by the Property Code to include a third type of proxy, entitled "Proxy for the Purpose of Attaining a Quorum Only".

This type of proxy does not fit into either the General or Directed Proxy category as it does not convey voting rights in any way shape or form. I don't know if this type of proxy is used in other states, I can tell you its use has largely eliminated the problems associated with attaining quorum for annual meetings.

Like any other proxy, if the property owner attends the meeting, he or she is given the option of revoking the previously issued proxy or letting it stand.




Bill, do you have the code section on that? I found 209.00592 which states that an absentee ballot can be used to establish a quorum (only for items appearing on the ballot). That section guarantees the right to vote by proxy but does not allow them to be used for the purpose of a quorum.


BillH10
(Texas)

Posts:410


10/28/2019 7:34 AM  
Ben, you raise a good point as I was told of the ability to include the language on annual meeting proxies by a local attorney who specializes in property owner law. We may also have received something from CAI.

I researched Section 209 last evening and this morning and cannot find a specific citation to the use of that language on a proxy. However, it has been in use since around 2015 and has been included on proxy forms for every HOA annual meeting I have seen since then. That does not provide the citation of course, however the widespread use of the proxy for quorum only language suggests there is solid legal ground for doing so.

I will continue to research the matter further.
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