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Subject: Proxy question
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PaulaR3
(South Carolina)

Posts:33


06/11/2021 4:22 PM  
IIn addition to being Secretary to the Board, I am the Chairman of the Election Committee.

My question is I have received a proxy from a Co-Owner A, Proxy Giver where this individual transferred her vote and representation at our annual meeting to another individual, Proxy Holder A.. The current Proxy Holder A has also assigned her proxy to another individual, Proxy Holder B. If the proxy holder A does not attend the meeting, then should the first proxy from Proxy Giver A pass to the second proxy Proxy B without notification to the first Proxy Giver. A? I hope that makes sense. Our proxy form requires the person you give your proxy to must sign the form accepting the proxy. And maybe Proxy Holder A may attend the meeting after all.

Also we have Co-Owners who live all over the country and want to be on the Board and call in. Unfortunately our bylaws don’t address Co-Owners who live out of town. A former President live in our upstate and another Director nominee lives in another state. I feel that if a person wants to serve as a Director they should be able to attend in person meetings. What good is it if half of the Directors are calling in? Does anyone have a similar issue with people running for Director positions?

Thank you.








MaxB4
(California)

Posts:1601


06/11/2021 4:32 PM  
Happens all the time in the Coachella Valley, also known as the Palm Springs area of Southern California. Residents come in Oct and leave in April because of the heat.
PaulaR3
(South Carolina)

Posts:33


06/11/2021 4:34 PM  
Thank you for your response.
PaulaR3
(South Carolina)

Posts:33


06/12/2021 3:18 AM  
I have another question. When there are a husband and wife and wife will vote on motions and directors etc. But now husband has been given a proxy, is that allowed?. We were assigning random numbers to all Co-Owners. I guess I will have to give him his own number to vote for the proxy. Since he is a Co-Owner, what if he gives his wife the right to vote on behalf of the proxy, Is that legal?
DouglasK1
(Florida)

Posts:1689


06/12/2021 9:40 AM  
Posted By PaulaR3 on 06/11/2021 4:22 PM
IIn addition to being Secretary to the Board, I am the Chairman of the Election Committee.

My question is I have received a proxy from a Co-Owner A, Proxy Giver where this individual transferred her vote and representation at our annual meeting to another individual, Proxy Holder A.. The current Proxy Holder A has also assigned her proxy to another individual, Proxy Holder B. If the proxy holder A does not attend the meeting, then should the first proxy from Proxy Giver A pass to the second proxy Proxy B without notification to the first Proxy Giver. A? I hope that makes sense. Our proxy form requires the person you give your proxy to must sign the form accepting the proxy. And maybe Proxy Holder A may attend the meeting after all.




My take is that Proxy Giver A's proxy should not pass on to Proxy holder B.


Posted By PaulaR3 on 06/11/2021 4:22 PM

Also we have Co-Owners who live all over the country and want to be on the Board and call in. Unfortunately our bylaws don’t address Co-Owners who live out of town. A former President live in our upstate and another Director nominee lives in another state. I feel that if a person wants to serve as a Director they should be able to attend in person meetings. What good is it if half of the Directors are calling in? Does anyone have a similar issue with people running for Director positions?


Generally speaking, most bylaws and CCRs give all owners the same rights whether they live on-site or not. If this is an issue, the candidates that are on-site year round should make it a campaign issue during the elections. They should point out that they are here year round, and that other candidates may not be. It's up to the voters to decide how important that is.

Escaped former treasurer and director of a self managed association.
DouglasK1
(Florida)

Posts:1689


06/12/2021 9:43 AM  
Posted By PaulaR3 on 06/12/2021 3:18 AM
I have another question. When there are a husband and wife and wife will vote on motions and directors etc. But now husband has been given a proxy, is that allowed?. We were assigning random numbers to all Co-Owners. I guess I will have to give him his own number to vote for the proxy. Since he is a Co-Owner, what if he gives his wife the right to vote on behalf of the proxy, Is that legal?




I'm really not clear on the question but typically it is one vote per property, not one vote per owner if there are multiple owners. Only one person can vote for each property, the owners need to decide collectively how their ballot will be cast.

Escaped former treasurer and director of a self managed association.
CathyA3
(Ohio)

Posts:2599


06/12/2021 10:07 AM  
Posted By DouglasK1 on 06/12/2021 9:43 AM
Posted By PaulaR3 on 06/12/2021 3:18 AM
I have another question. When there are a husband and wife and wife will vote on motions and directors etc. But now husband has been given a proxy, is that allowed?. We were assigning random numbers to all Co-Owners. I guess I will have to give him his own number to vote for the proxy. Since he is a Co-Owner, what if he gives his wife the right to vote on behalf of the proxy, Is that legal?




I'm really not clear on the question but typically it is one vote per property, not one vote per owner if there are multiple owners. Only one person can vote for each property, the owners need to decide collectively how their ballot will be cast.



Husband and wife decide that she will cast the vote for their unit, no proxy needed. Husband has been given a proxy to cast a vote for a different unit. Both parties vote, each for a different unit. Easy peasy.

Not a lawyer... but I question whether husband can pass the proxy to his wife. The proxy giver is giving their designated agent the authority to vote in their stead - they are not giving the proxy holder any rights beyond that (unless the proxy forms state explicitly that this is acceptable). SO I say no, husband can't give the proxy to his wife.

However, there is a very easy answer to the second example: if the husband doesn't want to cast any votes, he should tell the owner of the second unit to name his wife instead of him as the proxy holder (since presumably the proxy giver would at least ask the husband if he plans to attend the meeting). Wife casts two votes (for her home and for the proxy giver's home), husband casts none.
SheliaH
(Indiana)

Posts:4290


06/12/2021 10:18 AM  
Our community handles proxies similar to Douglas' community - one vote per unit. N if there are co-owners, they just decide who g themselves who will factory vote and return the proxy. If an owner sends in a proxy and decides to attend after all, the proxy is cancelled and he or she can vote as usual. if the co-owner all show up, only one gets to cast the vote, so they need to figure that out.

Our proxy also allows homeowners to simply state of can only hope used to set quorum. If they want to cast a vote in the board electioj, they can write in a candidate (including themselves) Or authorize the board president to cast the vote on their behalf.

Looks like y'all need to set some rules on when and how proxies can be used. If your documents aren't clear on that, work with your attorney to set some guidelines and vote on them via a resolution during an open board meeting. This assumes your documents give the board the authority to establish additional rules to flesh out the documents.
MikeB23
(Louisiana)

Posts:59


06/14/2021 2:57 PM  
Our bylaws specify meetings will be conducted in accordance with Robert's Rules of Order. The copy I have and use as Secretary has a section in the back specifically addressing HOA's.
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