For Quorum Purposes Only Option of Proxy

[Guest Lillian]

Our Homeowners Association proxy gives one of four options:

"NO ONE - for quorum purposes only"

(Association counsel recommends against this choice as it could have adverse effects on you as an owner and on the Associatin's ability to conduct business at the meeting.)

What are the adverse effects on the ability to conduct business if this option is selected?

[George Mervosh]

See the answer to FAQ#10 http://www.robertsru...com/faq.html#10

[Tim Wynn]

Our Homeowners Association proxy gives one of four options:

"NO ONE - for quorum purposes only"

(Association counsel recommends against this choice as it could have adverse effects on you as an owner and on the Associatin's ability to conduct business at the meeting.)

What are the adverse effects on the ability to conduct business if this option is selected?

To whatever extent your question relates to a quorum... business cannot be conducted without a quorum. What constitutes a quorum in your situation will depend on the rules that govern your particular organization.

[Guest Lillian]

"NO ONE - for quorum purposes only"

(Association counsel recommends against this choice as it could have adverse effects on you as an owner and on the Associatin's ability to conduct business at the meeting.)

I may not have stated my question clearly. My question is, why are members being advised NOT to select this option of "NO ONE - for quorum purposess only"? What adverse effects can this option have?

The verbiage (in parenthesis) under this option states,

"Association counsel recommends against this choice as it could have adverse effects on you as an owner and on the Associatin's ability to conduct business at the meeting.)

[David A Foulkes]

(snip)

Robert's Rules of Order Newly Revised says:

Proxy voting is not permitted in ordinary deliberative assemblies unless federal, state, or other laws applicable to the society require it, or the bylaws of the organization authorize it, since proxy voting is incompatible with the essential characteristics of a deliberative assembly. As a consequence, the answers to any questions concerning the correct use of proxies, the extent of the power conferred by a proxy, the duration, revocability, or transferability of proxies, and so forth, must be found in the provisions of the law or bylaws which require or authorize their use. [RONR (11th ed.), pp. 428-29.]

If your Association counsel recommends against this choice, then perhaps you should ask him/her/them. RONR (and thus this forum) won't have the answer for you.

[Rev Ed]

Read David's response, it is totally correct. If the organization wants this option, then is can allow for it in the By-laws. Of course, it might be better worded in that the proxy appoints someone as a proxy but with or without voting rights, limited voting rights, or any other restrictions the grantor wishes.

[Gary Novosielski]

It sounds to me like marking that choice for the election means that you would essentially be abstaining. How that would impact the conduct of business I can't imagine. You'll have to ask the person making the claim to explain their "reasoning".