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Subject: proxy template
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Author Messages
BobC20
(California)

Posts:7


02/06/2020 3:44 PM  
Does anyone know of a source for drawing up a new proxy for voting purposes? Does it need to be done by an attorney?/
MarkW18
(Florida)

Posts:748


02/06/2020 4:03 PM  
There are a number of sample proxies, BUT, if your association is using the services (used loosely) of an attorney, the Board, attorney or both, might raise a stink if someone developed their own and not blessed.
PaulJ6
(New York)

Posts:753


02/06/2020 4:40 PM  
Posted By MarkW18 on 02/06/2020 4:03 PM
There are a number of sample proxies, BUT, if your association is using the services (used loosely) of an attorney, the Board, attorney or both, might raise a stink if someone developed their own and not blessed.




You are correct. I have done my own proxy (I'm a lawyer) for a HOA's annual meeting, and I got a few neighbors to sign it. The HOA lawyer got angry.

But his proxy had the wrong date on it and mine had the correct date and otherwise met the legal requirements for the meeting so mine was valid.
MarkW18
(Florida)

Posts:748


02/06/2020 4:55 PM  
I have copied the proxy that was done by one of the largest HOA attorneys in the country and valid in the state where I did business.
MarkW18
(Florida)

Posts:748


02/06/2020 4:58 PM  
This is a response from an attorney friend of mine's boss.

A. There is no official form for a proxy. Under Civil Code 5130, only a member can hold another member’s proxy, and the proxy must state the intention to grant voting rights to another member of the association. A proxy can be written on a scrap of paper, and still be valid.
BobC20
(California)

Posts:7


02/07/2020 3:32 PM  
Thanks for your response we do not have an attorney and our Board is 3 people all in agreement so I think we are OK any idea on where to find the template??
JohnC46
(South Carolina)

Posts:9323


02/08/2020 9:41 AM  
Bob

One thing about proxies. The last dated one is the one that counts no matter how many were submitted earlier. Meaning one can sign a proxy then later change their mind and sign a new one. The new one counts.
GenoS
(Florida)

Posts:3685


02/08/2020 2:21 PM  
Posted By PaulJ6 on 02/06/2020 4:40 PM
But his proxy had the wrong date on it and mine had the correct date and otherwise met the legal requirements for the meeting so mine was valid.

And there you go. In Florida there are 3 or 4 elements to a "valid proxy" for an HOA or condo meeting. As long as those elements are present (correct date is one of them) then the proxy is valid no matter who created it. There are numerous DBPR arbitration cases in Florida where an association tried to throw out proxies because they were not on the "official proxy form" sent out by the association. Where the proxies were valid the DBPR rules that the association was not authorized to reject them.
JohnC46
(South Carolina)

Posts:9323


02/08/2020 2:42 PM  
Posted By GenoS on 02/08/2020 2:21 PM
Posted By PaulJ6 on 02/06/2020 4:40 PM
But his proxy had the wrong date on it and mine had the correct date and otherwise met the legal requirements for the meeting so mine was valid.

And there you go. In Florida there are 3 or 4 elements to a "valid proxy" for an HOA or condo meeting. As long as those elements are present (correct date is one of them) then the proxy is valid no matter who created it. There are numerous DBPR arbitration cases in Florida where an association tried to throw out proxies because they were not on the "official proxy form" sent out by the association. Where the proxies were valid the DBPR rules that the association was not authorized to reject them.




Pay attention to this post. It is right on.
KerryL1
(California)

Posts:7052


02/08/2020 4:36 PM  
Since there are secret absentee voting/mail-in ballots, many CA HOAs simply don't use proxies, Bob. No one in my HOA of 200+ condos has used a proxy in many many year. Why is yours??
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