Proxies not returned.

Started by MikeP • 10 replies • 2428 views

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MikeP (North Carolina)
Posts: 1

Posted:

I am President of a small Association. We have used the Proxy in the past without many responses. Our by-laws do not clearly define what is to happen if you do not return your proxy. We have always implemented a Corprate vote for those not present and not returning their ballot. We have one homeowner that is disputing this practice. She says that if you choose not to vote then it should be neither a vote for or against. HELP!

JulieS (Georgia)
Posts: 412

Posted:

What are the proxies being used for? The only time we have proxies is for the annual meeting election in which the proxies count toward a quorum and the individual has assisgned their vote to the board or an individual. The board president or the individual then votes on behalf of the person who sent in the proxy. If a proxy is not received then a vote is not counted for that resident/home.

SwanB (Washington)
Posts: 199

Posted:

We use our proxies exactly as JulieS does. I wanted to add the proxy is designated for a specific meeting and only for that meeting i.e. one proxy per voting member is sent out with the notice for the specific meeting. If the proxy isn't returned to the Secretary before the meeting starts, it's vote does not count.

BrianB (California)
Posts: 2,820

Posted:

watch your state laws... some states have outlawed proxies.

unreturned proxies are non votes. I think it is "wrong" to do a "if you don't return a proxy, we will assume you vote yes" campaign. it may well be legal, i just think it is wrong to do that.

RogerB (Colorado)
Posts: 5,067

Posted:

Proxies, when allowed, must be properly executed or they can not be counted. Usually it requires assignment to either a named member or a named person over the age of 18. A proxy "to the Board" is not valid in most HOAs. The procedure used by this Board is not acceptable.

LisaS (Illinois)
Posts: 341

Posted:

Agreed. In having the Board vote the proxy which has not been assigned to them, they are in violation of practice.

HaroldS (Arizona)
Posts: 906

Posted:

That is precisely why Arizona outlawed proxies. Boards were "collecting" them to perpetuate themselves in office. Harold

LuciusD
Posts: 139

Posted:

It sounds to me like you have just one owner who has the correct understanding of what a proxy is and how it should be used. You need to retain a competent attorney to explain both your bylaws and how proxies work.

KathrynM (Louisiana)
Posts: 6

Posted:

We mail our proxies with a blank for a name and it states in absence of a name it will be voted by--, secretary for the board. We are in Louisiana and is legal. Also the Regs allow the Board to set fines and they implemented a fine for not returning the proxy and it has really helped. Only ten dollars but it helps since implemented a majority has always been reached.

BrianB (California)
Posts: 2,820

Posted:

Kathyrn, gotta say if you ever fined me for not returning a proxy, I would have taken you to court.

A proxy is a ballot: it is a chance to vote (or assign your voting chance), not a command. It is not mandatory, nor do i believe you can make it mandatory, for an individual to cast a ballot. If I feel it best to hold my proxy, and not vote in an election, I would have a hard time swallowing that is against the rules/law.

RogerB (Colorado)
Posts: 5,067

Posted:

Kathryn, who would give anyone a signed blank proxy? That would be similar to giving someone a signed blank check. As far as the R&R on a fine for not returning a proxy, that is stupid and uninforceable. Perhaps the Board is simply and inappropriately running a bluff to get a response.

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