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Proxy voting (In Louisiana or in General)

Started by NicholasP • 12 replies • 3387 views

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NicholasP (Louisiana)
Posts: 11
Posted:
I am a part of a Board of Directors for a townhome HOA in Louisiana: Can anyone clearly define ALL of the rules/definitions to proxy voting for me? I have found different explanations as to how proxies work and our CC&R does nothing to help me. Several postings have talked about proxy but have not given me the answers I am seeking: If a proxy is not returned and the owner does not show up, can the Board make that vote? Or, can the person designated as a proxy decide how to vote for the homeowner (even if the homeowner states how the want their vote to count)? Below I have our proxy form:

Thanks,
NickP

PROXY

In regards to the election regarding proposed budget and association dues increase,

I, _________________________________ give my proxy to
( Homeowner’s name)

________________________________________________ to vote on my behalf.

If this proxy is not returned, your proxy is will be assumed by the HOA Board of Directors.

There is only one vote per unit, therefore, only one proxy per unit.

_______________________________ _________________________________
Homeowner Name (print) Address

________________________________ Unit number _____________
Homeowner Signature

___________________
Date Signed
RogerB (Colorado)
Posts: 5,067
Posted:
Nicholas, your proxy is not very good. First it should state the specific meeting or time frame for which the proxy is valid. Second if the proxy is not assigned no one can use it; and it should be assigned to a member or a person preferrably over 18. The person assigned a proxy can vote as they chose when it is a general proxy. "The Board" is usually not a valid proxy unless the By-laws allow it. Sometimes the By-laws may allow counting proxies to the Board in order to create a quorum.
BrianB (California)
Posts: 2,820
Posted:
And lastly, no one can vote an an unsigned or unreturned proxy.
NicholasP (Louisiana)
Posts: 11
Posted:
Our Vice-President made this, needless-to-say I wasn't happy with the outcome of this proxy. She basically wanted the homeowners to fill out any pertinent information. I deleted some of it's information. But from the two replies so far it seems my research was correct. Do any of you have documentation to prove it? (I would need something to convince the other board members) Our CC&R only states, "A Member may vote proxy at any meeting of the Association, provided such proxy is in writing and signed by the Member or his duly authorized attorney-in-fact. All such proxies shall be filed with the Secretary prior to the commencement of the meeting and shall be retained in the records of the Association" about proxy voting. And just as stated on another message if a proxy is not returned and the homeowner does not show then no vote can be made by anyone on their behalf, unless otherwise stated in the CC&R.

Thanks for your help,
Nick
NicholasP (Louisiana)
Posts: 11
Posted:
Our meeting is on Nov. 9th. PLEASE help!

Thanks,
Nick
RogerB (Colorado)
Posts: 5,067
Posted:
Nick, just because the proxy says "If this proxy is not returned, your proxy is will be assumed by the HOA Board of Directors." does not mean the Board has the authority to do so. You can challenge your Board's voting of these proxies by requesting before considering such proxies as acceptable that they advise where in the By-laws the Board is given this authority.
NicholasP (Louisiana)
Posts: 11
Posted:
Well my problem is that I'm on the Board and am a 19 year old college student, so needless-to-say I have a hard time of just getting the time of day. Our CC&R states nothing about what happens when a proxy is not returned. I'm at a loss!

Thanks for your help,
Nick
BrianB (California)
Posts: 2,820
Posted:
Nicolas, perhaps this will help.

It is simply common sense that an unreturned proxy cannot be voted... The proxy is a vote, and to not return it is to cast your vote for no one. If the board assumes an unreturned proxy is a vote for "Bob", then they are removing the vote cast by the person who voted (in essence) for none of the above.

If you do not vote for president, the parties don't get to assign your "non vote" to whomever they want. it is simply uncast, period.

You cannot vote for someone else without their express, written consent... and you can only get that with a valid proxy in hand. Period.
NicholasP (Louisiana)
Posts: 11
Posted:
That was exactly my point to the other Board members but one lady wants to hear none of that. All she has to say is,"At my shareholder meeting it is done the same way!" If it is included in our CC&R that any unreturned proxies goes directly to the Board, is it ok? (Reminder: It currently does not state that)

Thanks again,
Nick
RogerB (Colorado)
Posts: 5,067
Posted:
Nick, if your CC&Rs (more likely your By-laws) state that any unreturned proxy can be voted by the Board I think the Board has the authority to vote a proxy. But then the question would be: who on the Board has the right to this vote?
ReneeD (Illinois)
Posts: 201
Posted:
Roger, I want to make sure I am understanding you correctly and, after checking our ByLaws as well as our Declarations, I was unable to find any wording that might indicate this could be done in our Association. Would I be correct to say that if a homeowner were to individually name a current Board Member or even one that is running for re-election to vote in their stead that it would not be a valid proxy? Or, are you saying that a homeowner were to quite literally write in "The Board" on their proxy it would not be a valid proxy?

Thanks.

ReneeD
RogerB (Colorado)
Posts: 5,067
Posted:
Renee, what I am saying relates to a non directed proxy to "the Board". It would not be a valid proxy unless the By-laws state this can be done. If the By-laws allow designating "the Board" on such a proxy, rather than to an individual, the By-laws would need to also designate who on the Board has the authority to execute a non directed proxy. Otherwise, which of the Board members would cast the vote?
BrianB (California)
Posts: 2,820
Posted:
Roger is right.

think of it this way: You HOA is probably set up to allow one owner from each lot to vote (one vote per home).

Which lot does the board own? Each MEMBER of the board owns a lot, sure, but "THE BOARD" does not own a lot. As an aggregate, they can't vote.

The proxy must name a single, living person in attendance at the meeting.

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