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Guest Harvey Morse

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I hold several general proxies from members of my HOA who live out of state. There will be a meeting next month when I will be unable to attend. The proxy contains no language, one way or the other regarding substitution. MAY I GIVE MY PROXY VOTING RIGHTS TO ANOTHER HOA MEMBER IN GOOD STANDING, FOR ONE TIME, TO VOTE IN MY ABSENCE? 

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Neither the By-Laws or Covenants speak to anything other then permitting proxy voting, with no language regarding transfer, substitution or limitation, and the applicable State laws only says they are valid for no more than one year. That is my conundrum. I am attempting to see if absent anything to the contrary which would prohibit substitution, then substitution would be permitted.

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I am attempting to see if absent anything to the contrary which would prohibit substitution, then substitution would be permitted.

 

My own personal (non-legal) opinion is that if I entrust Harvey Morse to act in my stead, I wouldn't expect him to select someone else to act in my stead. I'd expect him to tell me he won't be attending so I can select someone else to act in my stead. But it all depends on how the proxy is worded. I'm afraid this is the wrong place to find the answers you seek.

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I hold several general proxies from members of my HOA

I know this stuff varies from state to state..and I am not a lawyer though I know many people that try to play them on Facebook...but when you said several..I said... :wacko: .. I think Louisiana Law limits people to holding 2 proxies. How many you sporting there in yo' sock?(rhetorical question attempting humor). Me I would double check my state laws about how many proxies I can legally hold.

Then regarding the actual question....check with a lawya...cause many of us Aint...and those that are don't know what state you're in and are in the same if not worse boat than the non-lawyers when it comes to "not dispensing legal advice" here. But better than checking with a lawyer is to take Mr E. Guests advice and check with the people's who's proxies you are holding...then check with a lawya again and see if they can do some temporary proxy for when you are not there... Which gets down to the only legal advice I am qualified to give.... Seek the advice of a licensed attorney in your state.

HOA's are evil....tread lightly... :lol:

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