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Subject: Proxy
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AndrewB17
(Texas)

Posts:4


09/17/2019 9:11 PM  
I live in Texas. I am wanting to know how we can use proxies that people do not turn in to automatically go to the board for quorum?

2) if proxies are used for quorum for the board, how can it go to vote to get bylaws amended?
TimB4
(Virginia)

Posts:16481


09/18/2019 12:00 AM  
Being represented by proxy can only happen with a signed proxy properly turned in.

If a proxy is not turned in, it's the same as not showing up to vote.
Hence, potential loss of quorum.
AndrewB17
(Texas)

Posts:4


09/18/2019 7:18 AM  
But if put in the proxy paper, 'If no reply by (such date), you proxy will go toward the association for quorum and not vote'; is that legal?
MarkW18
(Florida)

Posts:121


09/18/2019 7:55 AM  
Posted By AndrewB17 on 09/18/2019 7:18 AM
But if put in the proxy paper, 'If no reply by (such date), you proxy will go toward the association for quorum and not vote'; is that legal?



NOPE
DouglasK1
(Florida)

Posts:1453


09/18/2019 8:39 AM  
What you really need to do is work to get signed proxies. This could involve calling people and knocking on doors.

Escaped former treasurer and director of a self managed association.
BarbaraT1
(Texas)

Posts:239


09/18/2019 8:48 AM  
If you are having trouble getting paper proxies returned Texas does allow online voting/proxies. There are 3rd party services that provide this. It's not cheap but it may be worth it for your association.
GenoS
(Florida)

Posts:3234


09/18/2019 12:59 PM  
Posted By AndrewB17 on 09/17/2019 9:11 PM
I live in Texas. I am wanting to know how we can use proxies that people do not turn in to automatically go to the board for quorum?

Proxies must be singed by the owner and if the owner does not give their signed proxy to anyone (such as another member or the board itself), then you can't "steal" it to use as you likke. That would be tantamount to forgery. That's not how it works.
JohnC46
(South Carolina)

Posts:8730


09/18/2019 1:03 PM  
Posted By GenoS on 09/18/2019 12:59 PM
Posted By AndrewB17 on 09/17/2019 9:11 PM
I live in Texas. I am wanting to know how we can use proxies that people do not turn in to automatically go to the board for quorum?

Proxies must be singed by the owner and if the owner does not give their signed proxy to anyone (such as another member or the board itself), then you can't "steal" it to use as you likke. That would be tantamount to forgery. That's not how it works.




I agree but a signed Proxy could be made out to the BOD vote at they see fit.
GenoS
(Florida)

Posts:3234


09/18/2019 1:16 PM  
Posted By JohnC46 on 09/18/2019 1:03 PM
I agree but a signed Proxy could be made out to the BOD vote at they see fit.

Certainly, but that must be done. The board can't conjure an imaginary proxy out of thin air and vote it the way they want simply because that's whay they want to do. An owner who does not attend the meeting or give a proxy is making a decision to NOT vote. A board can't force someone to vote a certain way, if it can force him to vote at all. A valid proxy can give them that power, but they just can't take it.
TimB4
(Virginia)

Posts:16481


09/18/2019 1:49 PM  
Posted By AndrewB17 on 09/18/2019 7:18 AM
But if put in the proxy paper, 'If no reply by (such date), you proxy will go toward the association for quorum and not vote'; is that legal?




Mark answered this - No, it's not correct.

That said, your board will likely do what they want unless challenged.
If they are reasonable people, they will listen and, perhaps, get a legal opinion.
If they are unreasonable people, they will listen and, likely, ignore you.

You may want to pony up $300 or so and have an attorney write a letter on your behalf to the board about the issue which should get the boards attention and, hopefully, they will obtain their own legal opinion and do the right thing.
AndrewB17
(Texas)

Posts:4


09/18/2019 4:26 PM  
I never said do add they want I said can the wording be put in if no response to this proxy it will be taken used for quorum only. However how does it work?
TimB4
(Virginia)

Posts:16481


09/18/2019 7:26 PM  
Posted By AndrewB17 on 09/18/2019 4:26 PM
I never said do add they want I said can the wording be put in if no response to this proxy it will be taken used for quorum only. However how does it work?





No
KerryL1
(California)

Posts:6632


09/19/2019 7:09 AM  
Does TX also have mail-in absentee ballots?
PestY


Posts:0


09/19/2019 7:40 AM  
Posted By AndrewB17 on 09/17/2019 9:11 PM
I live in Texas. I am wanting to know how we can use proxies that people do not turn in to automatically go to the board for quorum?

2) if proxies are used for quorum for the board, how can it go to vote to get bylaws amended?





An UNSIGNED proxy form is NOT, repeat NOT, a valid proxy.

There is no way that y/all can get a 'no show' to be counted towards quorum UNLESS they have designated AND SIGNED a proxy form.


What y'all want is the ability to cash someone's UNSIGNED check.


NOT GONNA HAPPEN LEGALLY
BillH10
(Texas)

Posts:396


09/19/2019 7:43 AM  
Kerry, yes we do. If the systems are set up, members can vote by ordinary hard-copy absentee ballot, regular ballot at the meeting (of course), and electronic on-line balloting--which is more or less an absentee ballot. And by proxy.

Any type of absentee ballot, hard copy or electronic, is also counted as a proxy for meeting quorum requirements.

Further, Texas permits the use of the standard proxy in which the owner designates another person as his/her proxy holder, or the proxy can be assigned to an association officer or director, usually the President.

Texas also permits the use of a "proxy for the purpose of meeting quorum requirements only" so an owner can assist in meeting quorum requirements without the necessity of submitting a proxy for other purposes, such as an election or vote to modify documents, raise assessments, etc. This provision has meant we have not had to adjourn or disband a single meeting for lack of quorum since it was enacted--it is quite easy to convince an owner to provide a proxy for the purposes of attaining a quorum, especially if the 'do-over' costs of not having a quorum are presented at the same time.

As for the OP's question, others have accurately answered but I will reiterate: an owner who does not submit a proxy cannot in any way be counted as having met quorum requirements, nor can any vote be counted as having been cast by that owner.
PestY


Posts:0


09/19/2019 11:13 AM  
Posted By BillH10 on 09/19/2019 7:43 AM
Kerry, yes we do. If the systems are set up, members can vote by ordinary hard-copy absentee ballot, regular ballot at the meeting (of course), and electronic on-line balloting--which is more or less an absentee ballot. And by proxy.

Any type of absentee ballot, hard copy or electronic, is also counted as a proxy for meeting quorum requirements.

Further, Texas permits the use of the standard proxy in which the owner designates another person as his/her proxy holder, or the proxy can be assigned to an association officer or director, usually the President.

Texas also permits the use of a "proxy for the purpose of meeting quorum requirements only" so an owner can assist in meeting quorum requirements without the necessity of submitting a proxy for other purposes, such as an election or vote to modify documents, raise assessments, etc. This provision has meant we have not had to adjourn or disband a single meeting for lack of quorum since it was enacted--it is quite easy to convince an owner to provide a proxy for the purposes of attaining a quorum, especially if the 'do-over' costs of not having a quorum are presented at the same time.

As for the OP's question, others have accurately answered but I will reiterate: an owner who does not submit a proxy cannot in any way be counted as having met quorum requirements, nor can any vote be counted as having been cast by that owner.



AndrewB17
(Texas)

Posts:4


09/19/2019 12:24 PM  
Posted By BillH10 on 09/19/2019 7:43 AM
Kerry, yes we do. If the systems are set up, members can vote by ordinary hard-copy absentee ballot, regular ballot at the meeting (of course), and electronic on-line balloting--which is more or less an absentee ballot. And by proxy.

Any type of absentee ballot, hard copy or electronic, is also counted as a proxy for meeting quorum requirements.

Further, Texas permits the use of the standard proxy in which the owner designates another person as his/her proxy holder, or the proxy can be assigned to an association officer or director, usually the President.

Texas also permits the use of a "proxy for the purpose of meeting quorum requirements only" so an owner can assist in meeting quorum requirements without the necessity of submitting a proxy for other purposes, such as an election or vote to modify documents, raise assessments, etc. This provision has meant we have not had to adjourn or disband a single meeting for lack of quorum since it was enacted--it is quite easy to convince an owner to provide a proxy for the purposes of attaining a quorum, especially if the 'do-over' costs of not having a quorum are presented at the same time.

As for the OP's question, others have accurately answered but I will reiterate: an owner who does not submit a proxy cannot in any way be counted as having met quorum requirements, nor can any vote be counted as having been cast by that owner.





Thank you. As we need almost 600 homeowners to vote, it is going to be impossible to get change.
JohnC46
(South Carolina)

Posts:8730


09/19/2019 1:09 PM  
Andrew

Not sure about TX but with hard work it is possible to obtain enough Proxies to make change. I did say hard work. Talking on the Internet is not going to do it. You have to meet people and gather their proxy. In some states and with a properly drawn up petition, changes can be made via petition.

If unable to get people to agree with changes you want, it tells you something.
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