votes Asking for a count of Proxy Votes

[Guest Inquiring Guest]

The Bylaws of the Community HOA where we live state that member voting may be made in person, or by Proxy (See below)

Bylaws:

At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing, dated, and filed with the Secretary before the appointed time of each meeting.

When membership meeting notices are sent to homeowners, the instructions on the Proxy Statement always contain the following statement:

Such proxy is authorized to vote in his or her discretion on any matter properly brought before the meeting for which the undersigned has given no directions as to the manner of casting the undersigned’s vote

My question relates to the "for which the undersigned has given no directions" part of the statement. That part of the statement can provide the opportunity for any homeowner, or the Board of Directors, to cast more than one vote on any issue before the Membership Body.

Question: Would it be in order to make a motion to request that the teller of the votes state the number of 'affirmative' and 'negative' Proxy votes when the results of the vote count is given? And, if in order, when should the motion be made? Before the question at issue is put to the assembly?

[Hieu H. Huynh]

See FAQ #10.

[Kim Goldsworthy]

If Robert's Rules of Order applies, then:

• written ballots are counted. (Of course.)

• standing votes may or may not be a counted vote. (See RONR for the difference.)

• oral votes are not counted.

Whether "proxies" are involved or not, is not a relevant factor for the parliamentary rule.

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So, I must ask:

Q. How are the votes being cast? -- (a.) By shouting 'aye'/'no', or (b.) by rising, or (c.) by ballot?

By rule, sometimes the tellers MUST do an exact tally. -- Whether there are proxies or not.

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Any deviation from the default rule should be via an adopted motion. - So you better get it in before the tellers start counting!