Question:
Our HOA can vote in person or by proxy for new board members. Members can vote once for their property and are limited to 5 proxies for members who cannot attend the annual meeting. If members turn in their proxy to the management office with no one named to vote for them can a nonmember vote their proxy?
And is whoever votes the proxy required to sign their name on the proxy and not just put the title such as secretary, or manager.
Does the manager who is not a property owner have voting rights?
– Kathy
Answer:
Hi Kathy,
According to Section 720.306(8)(a) of the Florida HOA Act, “To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.”
Your bylaws should also be able to tell you whether or not a non-member can be designated as a proxy. Finally, managers don’t usually have voting rights in HOA elections. Only property owners have voting rights. However, it is still best to check your bylaws.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
