Condo Media - January 2015 - 18

Homeowner's Corner

Rock the Proxy
Let Your Voice Be Heard

DID YOU
KNOW?

A proxy is the written authorization that
allows one person (the proxy giver) to
appoint another (the proxy holder) to
vote on his or her behalf. State law, the
association's governing documents,
or both usually determine the use of
proxies in community associations and
may also address the type, form, and
content of the proxy.

Does your association have an election coming
up? Even if you're unable to attend the membership
meeting and election, you may be able to still vote by proxy.
A proxy is the written authorization that allows one
person (the proxy giver) to appoint another (the proxy
holder) to vote on his or her behalf. State law, the association's governing documents, or both usually determine
the use of proxies in community associations and may
also address the type, form, and content of the proxy.
General proxies are the most common type of proxy
used in community associations and allow the proxy
holder to vote at a meeting. Blanket general proxies allow
the proxy holder to vote on any matter that comes before
the owners during the life of the proxy. If the proxy giver
executes a general proxy, the proxy holder is authorized
to vote on any matter that properly arises during a meeting, as if they were the proxy giver and is responsible
for voting or abstaining from the vote as they see fit. A
general proxy is an act of trust because a proxy giver may

CONDOMEDIA

think that the proxy holder will vote a certain way, but
the proxy holder is not legally bound by that "understanding" unless it is reflected in the written proxy.
Directed proxies bind the proxy holder to specific
terms, allowing the proxy giver to control the vote and
making the proxy holder little more than a courier
entrusted with recording a vote. A directed proxy can
mandate abstention and direct the proxy holder to
abstain from voting on all issues that come before the
body - the most common example of this is the proxy
used only to establish a quorum. In a directed proxy,
however, it is typical for the proxy giver to direct the
vote on some or all of the matters that are expected to
arise but to either grant general powers to the proxy
holder for all other matters or to neglect to treat that
issue. In the latter case, the proxy holder will be vested
with general proxy powers regarding other matters.
Statutes and governing documents may contain specific requirements for proxy form and content. Since a
proxy is intended to assign a vote from one person to another, a proxy should identify the proxy giver, the proxy
holder, the meeting or vote for which the assignment is
intended, the date of the proxy, and the signature of the
proxy giver. If a witness or notarization is required, those
blanks must be provided and, if the proxy is directed, the
information necessary for the proxy givers to direct their
vote and any necessary written instructions for proper
execution of the proxy must be provided.
So next time you're traveling during the election or have
other obligations that prevent you from attending the meeting, inquire about a proxy and let your voice be heard.

Condo Media - January 2015

Table of Contents for the Digital Edition of Condo Media - January 2015