More than 1 type of Proxy in Florida HOA ?

Our HOA in Central Florida just had an election at which 19 proxies were submitted. The proxy is for the purpose of establishing a quorum and for the homeowner to designate another (homeowner) to vote in stead. I just found out all 19 proxies, solicited by 2 board members running for re-election had 5 names including their own of course on the proxies - as if the proxies were used as ballots to elect 5 new board members. Our Documents only state that homeowners can vote either in person or by proxy.

Can a proxy be used as a ballot, or shouldn't the proxy designate fill out a ballot for each proxy.

Any response would be appreciated.

With a 'limited proxy', an owner can either vote for specifically named candidates OR may designate an individual to vote for him. If individuals were named and the proxy signed properly, the votes would normally count.

If proxies were not considered, those 19 people would not have votes counted. In essence, they are 'absentee' ballots.

Thanks Peter and Donna, your responses have helped in clarifying use of proxies at elections, here in Florida. I was confused at the fact the proxies had only one line to designate someone to vote in stead, yet each proxies submitted for counting contained the same 5 hand written names. I guess that could be construed as pushing the envelop but it is evidently not illegal.

Hank

I am not a big fan of the use of proxies. From Hank's original post, you can see that the possibility of a very lopsided election, someone with an agenda or ax to grind, could gather 50 proxies and totally control a vote. Most members who sign their proxy to another person, sometimes tell the proxy holder to vote the way that they feel like they care to, thus giving the holder a free rein to do whatever they want.

2 of my 4 properties have eliminated proxies except for the establishment of quorums. Where I live, we still use them and have experienced what Hank has posted. Thank Gosh, the person who appeared with 21 proxies in hand, was pro Board.

Linda,
S.S. 720 does not address absentee ballots. I found this article in a newspaper site--Richard White in Florida who answers these questions. Following is his answer.

Q. Do absentee votes count in a regular H.O.A?
meeting?

A. Condominium members can only vote by absentee ballots per the statute (FS 718.112) but most HOA members can vote either in person or by proxy subject to their documents. Each association should review their document to determine if they vary from common guidelines of annual meetings.

I am concerned about describing absentee voting since the term can have several classifications. It should be thought of as a ballot prepared before the meeting where members can fill in their selections to vote. Most HOAs do not have the procedures to prepare the ballot because they can have nominations from the floor subject to their documents. This is one reason HOAs have proxies for the absent members to tell the proxy holder how to vote. Sometimes a limited proxy is used for this purpose.

Now, he states that "MOST HOA'S do not use them because they can have nominations from the floor.
I looked in 617, Not For Profit Corps, which we are all incorporated under. They do not dissallow absentee ballots nor does the Sunshine Law. So I would say that they are not illegal to use but we just call them by the name of "Proxies"

Susan,
Not all associations allow nominations from the floor. There is no Statute saying that associations MUST allow nominations from the floor. This is strictly individual document allowances.

By the way, yes I noticed.

I'd like to thank everyone for their great answer - I'm a little confused but a little wiser as well. The point I did not make clear is that the proxy and the letter from our CAM manager stated the proxy was to be used to establish a quorum and to designate someone to vote if the proxy holder could not attend the meeting and vote in person.
But what happened was that 2 current board members went out, got 19 proxies signed (11 & 8) and added 4 names to each proxies thus insuring they got re-elected and that 2 of their cronies got elected too. There was only one space on the proxy to enter a name for a designate, not 5 and it was not described as a ballot (type) document. Lastly, the CAM manager met with the HOA secretary and possibly 2 other board members less than an hour before the election meeting ..
perhaps to discuss proxy options ? I haven't been able to speak with the CAM manager as yet - but when I will expect straight answers.
Hank

Hank,
Susan called this by it's real name--"-a mess". The proxies that I have seen have the name of the person who is assigning the proxy, then the name of the assignee, date and specific issue that you are signing the proxy for. These in Florida are called "Limited Proxies", meaning that they are valid for 90 days from the date of the vote and for only the specific meeting that is mentioned on the proxy. And YES, they count as numbers for establishment of your quorum (meeting requirement member number)

Once they are presented to the officer or monitor of the vote, the "assignee" is given the appropriate number of ballots according to the number of proxies that they presented and are named to vote on.

Now, your 2 Board members got 19 proxies, which I assume your documents allowed. Where this goes into the toilet, is when the added names to the proxies. That cannot be done. If they added names, it should have been on the ballot under "WRITE IN NAMES"

What is really wrong is that your manager did not know how to do an election. She is required to be licensed and know this stuff. If she doesn't, then all of the Statutes are on line and can be copied. And fire her.
I also think that the election needs a redo .

Linda,
The Property manager has to be licensed to manage a property with more than 50 units per Florida real estate statutes.
The proxies can be written on anything as long as they are the official ones sent out by the Board or office or whomever is in charge of the process. Why are they colored? To make sure that they are the real ones?
Every proxie that comes in should be validated by whoever is running the election from a resident check off list. I hope that they are being very careful because this is a very important right of the membership.