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Subject: Rules of Proxies in Calif HOA loaw
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Author Messages
MichaelC21
(California)

Posts:13


10/14/2020 4:33 PM  
We are electing officers at our next HOA meeting and 2 of our owners have advised that, since they will not be in attendance they will give authority for an attending member authorization to vote in their stead and have given that proxy to the same person. That just doesn't sound right.

Would someone weigh in on this issue, or point me to a reference that outlines the rules on Proxy voting?
SheliaH
(Indiana)

Posts:3512


10/14/2020 4:47 PM  
I'm sure Kerri or someone from California will weigh in on this, but I believe your state does allow for proxy voting. You might want to go to the Davis-Stirling website, which is run by a law firm that specializes in HOA law - it has a lot of good information on many HOA issues including proxies.

There's nothing wrong with two or more people giving a proxy to the same person - when they complete the form, they usually indicate how the person is supposed to vote or give the proxy the authority to vote however they want on their behalf. Sometimes, people collect proxies from their neighbors and walk with a handful of them.

The issue is to ensure the people completing the ballots are eligible to cast a vote, the form is completed correctly (amazing how people sometimes miss things like signatures or sign in pencil) and the proxies are counted properly (in front of everyone else who's attending the meeting).
MichaelC21
(California)

Posts:13


10/14/2020 5:11 PM  
Thanks for your quick response.

Sounds good but there's a form? Where do we get it?

I'm headed to the David-Stirling website right now!
KerryL1
(California)

Posts:7579


10/14/2020 5:13 PM  
I think the language here isn't clear, Michael.

Is the meeting the annual meeting of Owners (members) to elect directors?

Or, a Board meeting to elect officers?

Unless your bylaws are very unusual, directors at an open board meeting elect the officers, e.g., prez, etc. This often is called an organizational meeting. Proxies may never be used in board meetings.

The org. meeting usually follows the annual meeting of owners, who've elected directors to the board. Since in CA Owners may vote by mail with secret ballots, no one in my HOA uses proxies any more. There's no requirement to attend the annual meeting and election in person.

So....which is it? Election of officers? Or election of directors, Michael?

KerryL1
(California)

Posts:7579


10/14/2020 5:13 PM  
I think the language here isn't clear, Michael.

Is the meeting the annual meeting of Owners (members) to elect directors?

Or, a Board meeting to elect officers?

Unless your bylaws are very unusual, directors at an open board meeting elect the officers, e.g., prez, etc. This often is called an organizational meeting. Proxies may never be used in board meetings.

The org. meeting usually follows the annual meeting of owners, who've elected directors to the board. Since in CA Owners may vote by mail with secret ballots, no one in my HOA uses proxies any more. There's no requirement to attend the annual meeting and election in person.

So....which is it? Election of officers? Or election of directors, Michael?

KerryL1
(California)

Posts:7579


10/14/2020 5:16 PM  
(Sorry bout dbl.post)

Michael, are you on the Board?? Even if not, read your Bylaws, FIRST, to see how to do proxies in your HOA. They may not even be permitted.
MichaelC21
(California)

Posts:13


10/14/2020 5:50 PM  
Whew! It's a wonder an HOA ever figures all this out!

Our project has only 9 Units. We stopped mailing out ballets because our board never changes and everyone is ok with the status quo. But now we've got renters with absentee landlords and things are getting complicated.

This is our regular bi-annual meeting and it's time to vote on the board, but we've never had proxy voting; not to mention 2, so I thought I'd check to see if there were issues we should be concerned about. It doesn't look like there is so we'll go ahead.

Thanks for explaining the difference between meeting types; again whew!
MichaelC21
(California)

Posts:13


10/14/2020 6:00 PM  
I'm the Treasurer. Thanks, I'll do that
JohnC77
(Washington)

Posts:207


10/14/2020 6:11 PM  
It sounds like you don't have elections to elect directors but you elect officers.

Remember, owners elect directors and director elect officers. Under no circumstance can any board member give another their proxy to elect an officer!
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Forums > Homeowner Association > HOA Discussions > Rules of Proxies in Calif HOA loaw



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