What do you need to know about proxies at Hoa meetings?

“A proxy is simply a document by which a unit owner appoints someone else to represent him at a unit owners’ meeting and to vote,” explains Robert Galvin, a partner at Davis, Malm & D’Agostine PC in Boston who specializes in representing condos and co-ops. “The proxy should note the time and date of the meeting,” explains Galvin.

Do you have to honor a proxy in Virginia?

“Even though you may send out a preferred form of proxy,” explains White, “in Virginia, the law states that a proxy is valid if certain elements are met. So even if it’s not your form proxy, if it meets the elements required under your state’s law, you’re going to have to honor it.” Is Proxy-Hoarding Proper?

Can a proxy be sent out by a member?

Also, check with your state law before tossing out a nonassociation-provided proxy form sent in by a member. “Even though you may send out a preferred form of proxy,” explains White, “in Virginia, the law states that a proxy is valid if certain elements are met.

Can You appoint another owner as your proxy?

Elizabeth White, a shareholder and head of the community associations practice at the law firm of LeClairRyan in Williamsburg, Va., agrees that your safest bet may be to appoint another owner as your proxy. “There are a couple of tricky areas with proxies,” explains White. “One question we get is, ‘Can I give my proxy to my tenant?’

How does proxies work with condo association votes?

With limited proxies, if you vote “in favor,” the proxy holder must vote “in favor.” So, although this owner can have his neighbors appoint him as their proxy holder for a vote to amend the governing documents, the other owners can’t give him the authority to vote at his own discretion.

When do you need to revise your bylaws?

But if the issue had been a contentious—let’s say that someone didn’t support the nominee for the next president—the bylaws would be unclear and confusing at the worst possible time. The bylaws are most important when there is real disagreement, which is why removing language that might create one of these paradoxes is important.

Are there more shareholder proposals for proxy access?

The number of shareholder proposals to adopt proxy access going to a vote has also declined as more companies have adopted proxy access in exchange for potential withdrawal or exclusion of the proposals. The focus has shifted from shareholder proposals to adopt proxy access to shareholder proposals seeking to amend existing proxy access bylaws.

Who can be your proxy in a Hoa?

Unless your state law or governing documents dictate otherwise, you can appoint just about anybody to be your proxy, says Galvin. “Unless your bylaws state differently, it could be your attorney or your spouse if your spouse doesn’t also own the unit.

What’s the purpose of a proxy in an association?

A proxy’s purpose is to represent owners who are unable to attend a meeting and for association members to understand better how the overall membership feels about a distinct issue. The right choice for a proxy representative is another owner.

Who is the right choice for a proxy representative?

The right choice for a proxy representative is another owner. There are specific rules about who may serve as a proxy representative in the state of Florida. According to a TCPalm article, owners may appoint a neighbor as his proxy holder for a vote to amend the governing documents.

Can a neighbor serve as a proxy in Florida?

There are specific rules about who may serve as a proxy representative in the state of Florida. According to a TCPalm article, owners may appoint a neighbor as his proxy holder for a vote to amend the governing documents.

How are proxies made at a Florida Hoa meeting?

Proxies must be made in writing, signed by the member, and state the specific meeting for which the proxy is intended. Fla. Stat. §720.306 (8) (a). For a vote to occur, a quorum (at least thirty percent of possible voters unless community bylaws allow a lower percentage) must be present.

Is the Hoa in compliance with the law?

HOAs MUST BE IN COMPLIANCE WITH THE LAWS GOVERNING PROXY DESIGNATION. Proxies, a type of absentee voting, are a valuable part of the voting process, but the board of directors MUST be aware of the legal implications that can arise when proxies aren’t handled properly.

Can a board use proxies at a special meeting?

Boards often rely upon the collection of proxies to fulfill the quorum requirement at the annual shareholders meeting or any special meetings, but may not use them at board meetings.

When do shareholders need to submit a proxy?

Shareholders and unit owners should be urged to submit a proxy even if they intend to be at the meeting. This way, if a last minute conflict makes it impossible for them to attend, their vote can still be counted. Sometimes shareholders and unit owners refuse to furnish a proxy because they don’t want to take a stand on a contested vote.

Why do shareholders refuse to furnish a proxy?

Sometimes shareholders and unit owners refuse to furnish a proxy because they don’t want to take a stand on a contested vote. This is especially true of sponsors or banks (that have acquired their units through foreclosure) that don’t wish to take sides in a squabble between residents.

How does a proxy work in a Hoa meeting?

Directed – A member appoints a proxy (who will attend the meeting) to cast their vote a specific way (for or against) as directed by the member. It is the responsibility of the proxy holder to vote as instructed by the proxy giver.

What’s the difference between a proxy and a member?

General – A member appoints a proxy (who will attend the meeting) to cast their vote any way the proxy chooses. Directed – A member appoints a proxy (who will attend the meeting) to cast their vote a specific way (for or against) as directed by the member.

Boards often rely upon the collection of proxies to fulfill the quorum requirement at the annual shareholders meeting or any special meetings, but may not use them at board meetings.