Get 1 year of free community web site hosting from Community123.com!
Friday, December 03, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Proxy vote vs absentee vote
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
CourtneyS2
(Texas)

Posts:59


10/15/2021 4:49 PM  
Can someone elaborate the difference between the proxy vs absentee vote? Can an Association give a deadline as to when a proxy vote have to be turned in?

Are residents legally allowed to submit a proxy the the day of the election instead of mailing?
MaxB4
(California)

Posts:1594


10/15/2021 5:00 PM  
Posted By CourtneyS2 on 10/15/2021 4:49 PM
Can someone elaborate the difference between the proxy vs absentee vote? Can an Association give a deadline as to when a proxy vote have to be turned in?

Are residents legally allowed to submit a proxy the the day of the election instead of mailing?



A proxy, because most HOA's don't know how to use them, should be abolished. A proxy, in the hands of a proxy holder could be used in a number of ways, some of which the owner never intended.

An absentee vote should have a regular ballots for whatever the HOA may be voting on, directors, or maybe changing governing documents. The ballot should be put into an envelope, with a stamp and mailed to the person designated to receive the ballots.
KerryL1
(California)

Posts:8720


10/15/2021 5:46 PM  
An absentee ballot means you do not have to be present at the meeting of the members (owners) for your vote to count. You may be "absent." You may mail your ballot in in the envelopes that the Assn. provides, or however this is required by your Bylaws or state statutes. There are differences. Or you can turn it in to a site that's designated in the ballots materials that you probably receive in the mail.

We never use proxies in our Assn., but it basically means you let someone else choose for whom you vote. Like Max, I cannot describe how it works and I think there are a few ways it would happen in your Assn. & in TX. Luckily we have good TX posters on this forum.
TimB4
(Tennessee)

Posts:17841


10/15/2021 5:48 PM  
There are two types of proxies:

General - gives authority to someone to represent the owner and cast a vote on their behalf based on how the representative desires.

Directed - gives authority to someone to represent the owner and cast a vote on their behalf based on how the owner directs them to vote.

Proxies typically must be returned by the start of the meeting.
A ballot should be filled out for each proxy (as only ballots are counted).


An absentee vote is a ballot filled out and turned in or mailed to the board. Typically, these are only authorized if statutes or governing documents allow. When the governing documents do not allow absentee voting, many Associations simply use directed proxies (as it's the next closet thing but your vote will not be secret).

This article may be better at explaining it:

Directed Proxies vs. Absentee Ballots: What is the Difference and Can Our Association Use Them? from an attorney in Wisconsin. Statutes differ between States and you should check your applicable statutes to verify any advice in article is applicable to your Association.
CourtneyS2
(Texas)

Posts:59


10/15/2021 6:18 PM  
The you'll for your help.

Legally in Texas does anyone know if a homeowners can still submit a proxies the day of the meeting before the start of the meeting.

The management company placed a deadline on the form. However the board didn't agree to a deadline date.
CourtneyS2
(Texas)

Posts:59


10/15/2021 6:18 PM  
The you'll for your help.

Legally in Texas does anyone know if a homeowners can still submit a proxies the day of the meeting before the start of the meeting.

The management company placed a deadline on the form. However the board didn't agree to a deadline date.
SheliaH
(Indiana)

Posts:4284


10/16/2021 5:54 AM  
If the board didn't agree to a deadline date, who not ask them? It seems to me if you show up, you can still vote - the goal of the proxy is to give homeowners a chance to participate if they can't attend the meeting. In my community, you can send in a proxy by the deadline, but if you show up, it's canceled, as Tim said, and you can participate as usual.

Don't overthink this. You know the deadline, so go ahead and send in the thing - I'd do it now because mail delivery everywhere has slowed down. Or plan to show up the day of the meeting and vote in person. When you arrive, you might also ask the board for clarification on the deadline.
TimB4
(Tennessee)

Posts:17841


10/16/2021 8:00 AM  
Posted By CourtneyS2 on 10/15/2021 6:18 PM
The you'll for your help.

Legally in Texas does anyone know if a homeowners can still submit a proxies the day of the meeting before the start of the meeting.




If doubt if there is anything that says either way (although I haven't looked).

The applicable statutes would be property and, if incorporated (most associations are, but check), corporate code.

Personally, we allowed proxies right up to the moment of handing out ballots at the meeting. It may be the difference between making quorum or not and, in my opinion, lives up to the spirit of allowing one to make their vote count.
JohnC46
(South Carolina)

Posts:11659


10/16/2021 9:03 AM  
Typically a Proxy can be turned in at the beginning of the meting, the same as checking in to do a count to establish a Quorum. Also the latest dated and signed Proxy counts even if one was turned in earlier.
BenA2
(Texas)

Posts:1104


10/16/2021 10:05 AM  
Posted By CourtneyS2 on 10/15/2021 6:18 PM
The you'll for your help.

Legally in Texas does anyone know if a homeowners can still submit a proxies the day of the meeting before the start of the meeting.

The management company placed a deadline on the form. However the board didn't agree to a deadline date.



To my knowledge, there is nothing in the Texas code that addresses deadlines for proxies except that it says a vote may be given in person or by proxy at a meeting if you have voting at the meeting. So, if your governing documents do not say otherwise, you could hand someone your proxy anytime prior to the vote.

I think an arbitrary deadline set by the property manager is, on it's face, null and void. Even the board could not make such a rule unless your governing documents give them that authority. If they want to set a deadline, it should be written into the bylaws.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Proxy vote vs absentee vote



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement