💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JeffT (Maryland)
Posts: 83
Posted:
I am assuming that a proxy is a homeowners vote by letter or by giving another person the right to cast your vote. How do you know if the letter is actually the homeowner and not just someone else in the neighborhood posing as the owner because they know that the owner isn't sending in a vote. Or, maybe a board member who receives the votes just chucks half of them away and substitues them with their own vote.

I am thinking that the proxy vote would have to be noterized somehow. If so should the homeowner have to sign next to their vote and have that signature noterized instead of checking yes 0or no and then signing the bottom, since the check mark can be altered. Maybe someone would just check all choices just to invalidate the vote.

So what does a valid proxy look like?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Jeff,

First of all your docs (bylaws) should state whether or not balloting can be conducted through the use of proxies. If it can, then the board generally sends a proxy with the announcement of the annual meeting. The proxy names an individual who is authorized to vote in place of the person extending the proxy. Oftentimes the board will state a proxy can only be given to a board member (usually the board sec.). I'm not sure this is legal; however many boards do get away with it unchallenged. No, I've never read that proxies must be notarized in order to be valid.
GeraldT4
Posts: 1,022
Posted:
JeffT - A "vote by letter" is more like a ballot by mail. Whereas a proxy vote is one cast by assigning someone else to vote for you, or a certain way on your behalf. Usually a proxy vote must be submitted to the MC before the vote and then hand carried by the proxy holder to the vote meeting. Your governing documents may outline the procedure for collecting, verifying, and tabulating votes that are cast. At the vote meeting, judges can be assigned, votes can be counted in the open. Verification of signatures can be accomplished with a Rolodex of owner's (co-owners) signatures and a cross-reference to the submitted vote. It's a little cloak and dagger for someone else in the neighborhood to pose as the owner because they know that the owner isn't sending in a vote if you ask me. But, I guess you never know. Either way, a well-developed procedure for ballot's by mail, proxy votes, and votes submitted in person by the owner should be established.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By JeffT on 08/28/2008 7:18 AM
So what does a valid proxy look like?

See attachment.
📎 Attachments (1):
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Fundamentally, a proxy is a specific form of a power of attorney. As such, a proxy had to be notarized at one time. But most states no longer require notarization.

Here is another proxy sample:

    PROXY
    XXXXXXXXX HOMEOWNERS ASSOCIATION
    I, the undersigned, being the sole owner, or the designated voting
    representative, of Unit ___ , located at the Huntington Chase Homeowners
    Association do hereby appoint_____________________ as my true and lawful
    attorney, substitute and Proxy for me and in my name, place and stead, to vote
    at the Annual Meeting of Members of the Association of Huntington Chase
    Homeowners Association to be held on April 7, 200X at the _________Elementary School, located at _______________________________ and at
    any adjournment or adjournments thereof, and to vote at any subsequent
    balloting on any matter considered at the aforementioned meeting, as fully
    and with the same effect as I might or could do were I personally present,
    with full power of the substitution, shall lawfully do or cause to be done by virtue hereof, and I hereby revoke any Proxy or Proxies heretofore given by me to any person or persons whatsoever for the above purposes.

    IN WITNESS WHEREOF, I have executed this proxy this ______
    day of __________________ ,200X.
    Owner or Voting Representative
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Here is another sample proxy. It is attached to the meeting notice and lists individuals standing for election. It also has instructions.

📎 Attachments (1):
📎182882618071.pdf(37 KB)

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here