Voting by proxy

A proxy is a document that enables some other member of the association to cast your vote. Proxies count toward a quorum in a meeting.

More information (perhaps far more than you want) is here: http://en.wikipedia.org/wiki/Proxy_voting

Here is sample proxy language for educational purposes only. It must be reviewed by attorney before use.

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SAMPLE REVOCABLE PROXY

The undersigned, being all persons or organizations with an ownership interest in the property commonly known as [insert address] being Lot#______ in [name of community], hereby designate[s] [name of person/member] as my/our/its lawful attorney-in-fact and voting representative at the Annual Meeting on [date] and any subsequent meetings called for the purpose of achieving a quorum, pursuant to the applicable provisions of the By-Laws of the Association.

I/we hereby authorize the voting representative to vote for [specify candidates] [or candidates of his/her choice at his/her sole discretion].

This Proxy may be revoked by my/our attendance in person at the Annual Meeting, by a specific revocation delivered to the secretary prior to the counting of the votes, or by submitting a subsequent Proxy with a more recent date and postmark than the initial Proxy.

Date

Signature[s]

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I hope this give you some useful information. I am sure others can offer additional thoughts.

In Florida we have "Limited Proxies" Which allows the proxy holder to vote on the specific matter for which the proxy is issued. They also have a 90 day limitation in case a vote should be postponed. Example-- in case an annual meeting fails to have a quorum, the proxy can be used at a latter date within the 90 day limit.

Brian,

Yes, you're right. Proxies are outlawed in AZ. Not knowing what the laws are in other states, that's why I stated: "The right to cast a vote by use of a proxie must be stated in your bylaws or in state law."

Check your bylaws. Proxies MUST be approved by your governing documents (CCRs or byalws or state statutes)

Some proxies are used ONLY to cast votes or for elections. Other times, they can be used to establish a proxie or ONLY to establishe the proxy so there can be business conducted.

In any case, be sure you know ALL the voting options of your membership, because there could be several different ways to vote. (Heck they are thinking of accepting electronic voting in my HOA - email and/or text message voting! Anyone under 35 does this stuff all the time. We older folks better get ready for the future)

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Susan,

I am not trying to be disputatious, here. I am not trying to be mean spirited. And I am most certainly not seeking to question integrity or character. But the response is not accurate. That may be, indeed, the case in Michigan, but most certainly not south of the border in Indiana (and perhaps other states as well--I don't know). Were the word "generally" to be substituted for "ONLY" in the post, then I would be in complete agreement.

A proxy is a form of power of attorney that enables one person to act on behalf of another. Depending upon state law and governing documents, a proxy can be used in multiple situations, from establishing a quorum, to election of board members, to votes on any issues, to any issue that leads to representation, including addressing a forum or governing body, signing contracts, accepting compromises, etc.

If documents and/or the law is silent on proxies, then they are generally acceptable. They need not be specifically authorized. Indeed, if not specifically authorized, a proxy can be either accepted or ruled out of order by the appropriate corporate officer at a governance meeting.

The bylaws or other governing documents will restrict the use of the proxy.

I have seen proxies used to meet the quorum requirement ONLY (and cannot be used for any other purpose at the same meeting.)

I have seen proxies used ONLY for voting purposes.

That's about all I've ever seen a proxy used for at an HOA meeting.

I'm curious, and this is more my lack of knowledge in the area than anything else, but what would be the point of allowing a proxy for the exclusive use of establishing quorum and nothing else?

I mean, if the proxy does not allow for the proxy holder to actually vote as business comes up or make motions or whatnot at the meeting then is a quorum really "represented" by mere pieces of paper?

Shouldn't the proxy also carry the weight of a vote in some way? It's pretty useless then, it would seem to me.

Again, not challenging, just trying to understand the nuances.

Scary is right!

It is a downright abuse of power.

Well, that's my point exactly.

What good is a quorum if it does not have any inherent ability to participate in or effect any business?

To watch?

If so, how can pieces of paper "watch"?

It seems to me that when an instrument mentions that the meeting can be conducted when XX amount of members is represented in person or by "proxy," then that "proxy" has the exact same "weight" as the member in person does. If the member who is there in person is expected to vote on motions, business, etc, then the "proxy" must be allowed the same weight.

It just seems to me.

Obviously, someone knows loopholes of which I'm unaware.

Here's a non scary example of a proxy being useful for meeting quorum only:

Law requires an annual meeting of members, where the board presents the upcoming budget for the year (proposed) and the accounting sheet for the past year. Law, or by laws, requires said meeting to be preceeded by 10 day notice, and be completed by February 15th. Law, or by laws, also requires a 1/3 quorum to be present to be considered an official meeting.

No proxy allowed, and 25 people out of 100 show up, and the annual meeting isn't held. Thus, the annual meeting must be rescheduled. Has to be 11 days or more out (need a day to get the new letter typed and mailed, delivered, etc.). Another meeting, this time 32 people show up. Still not enough, so meeting not held, and another 10 days or more go by. More letters (at 42 cents each) and a third meeting. This time, only 12 people show up, because the other 20 got tired of being there and wasting their time. No meeting. another ten days, another $42 down the drain, and another attempt at a meeting. So far, we have lost all of January, and getting close to our February deadline, and we have spent $150 or so in mailings, and not met the state law.

Proxies for meeting quorum would be nice, we could have the meeting, adjourn, and all would be well with the world.

Also, depending on how your rules are written, the quorum proxy may well allow you to meet, disseminate information, but not vote, because you don't have a quorum of voting members. But at least you got the meeting done.

Robert,

Do you mean "cyberspace"? Or, maybe she took a vacation before attaining a board position, knowing there would be no time for a vacation afterwards! LOL