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Subject: Revoking Proxies
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Author Messages
JimL6
(Florida)

Posts:45


04/02/2010 11:55 AM  
Hello,

My Association Bylaws state that a proxy can be revoked either in writing delivered to the secretary or by attendance in person at the meeting. That's all it says.

Is there anyone with experience in revoking a proxy form? Can revoking it in writing be done by a personal letter, or is a proxy revocation form required? Other than the Member's name and Member number and the statement that the preceding proxy form is to be revoked and the signature, is there something else that is required in order for the proxy revocation to be valid?

Jim
DonnaS
(Tennessee)

Posts:5671


04/02/2010 12:01 PM  

Jim,

Here is what the Statutes says on proxies. 720, 306 (8)

"(8) PROXY VOTING.--The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.

So unless your governing documents (Bylaws) state a procedure for revoking the proxy, I would guess that a letter of notification should be sent to the Board. Don't forget, all proxies in Florida are good for only 90 days so keep that in mind.
GlenL
(Ohio)

Posts:5491


04/02/2010 12:02 PM  
Jim, we've never had one revoked in writing and there is no form that I know of but you have the content down. I gave Joe Blow my proxy on 03-25-10, it is my desire to revoke that proxy at this time on 04-02-10. Signed GlenL address etc.

Studies show that 5 out of 4 people have problems with fractions
JimL6
(Florida)

Posts:45


04/03/2010 6:27 AM  
Posted By GlenL on 04/02/2010 12:02 PM
Jim, we've never had one revoked in writing and there is no form that I know of but you have the content down. I gave Joe Blow my proxy on 03-25-10, it is my desire to revoke that proxy at this time on 04-02-10. Signed GlenL address etc.




Thanks, GlenL.

Is it absolutely necessary to state the exact date that was written on the proxy form being revoked, or is it enough to simply refer to ANY previously sent proxy form with that Member's name and Association number and Association address on it? Do you have an experience that tells you that correctly stating the date on the previous proxy form is important?

Jim
JimL6
(Florida)

Posts:45


04/03/2010 6:35 AM  
Posted By JimL6 on 04/03/2010 6:27 AM
Posted By GlenL on 04/02/2010 12:02 PM
Jim, we've never had one revoked in writing and there is no form that I know of but you have the content down. I gave Joe Blow my proxy on 03-25-10, it is my desire to revoke that proxy at this time on 04-02-10. Signed GlenL address etc.




Thanks, GlenL.

Is it absolutely necessary to state the exact date that was written on the proxy form being revoked, or is it enough to simply refer to ANY previously sent proxy form with that Member's name and Association number and Association address on it? Do you have an experience that tells you that correctly stating the date on the previous proxy form is important?

Jim




Oops! You said that you've had no previous experience with a written revocation. I wasn't paying attention. So never mind. I'm going to assume that the exact date that was written on the proxy form that is being revoked is not important. Whereas it's hard to forget the name and Association number and Association address, it's easy to forget the date. Logic tells me that it doesn't matter. Identifying it simply as that proxy that was sent prior to this revocaton being sent logically has to be good enough. If there's something that I'm missing, please let me know.

Jim
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