Question:
Our secretary of the HOA Board emailed out Proxies for the upcoming annual members meeting. On the proxy form they said that if any of the members failed to fill it out properly then the secretary would become their proxy by default. The wording also made it sound like if no proxy was handed in at all , then the secretary would automatically become their proxy. This doesn’t sound right/legal to me.
Can a board member automatically make themselves a members proxy?
– SB
Answer:
Section 720.306(8) of the Florida Homeowners Association Act states the following regarding proxy voting:
“(8) PROXY VOTING.—The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy.
(a) 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.”
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