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VOTE BY PROXY/MAIL


Winni

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Issue:  Our HOA would like to do a vote by proxy/mail for a very important issue that requires a quick turnaround and we have members that reside in different states.  The HOA has already held two special meetings to discuss this issue (which has been discussed for a few years) and the majority have made their decisions.  It's a yes or no vote. 

 

Question:  Based on the actual language that appears in our By-Laws (see below), will this be allowed according to Roberts Rules?

 

Our HOA By-Laws state under Section 1. state that “The rules contained in Roberts Rules of Order shall govern the Association in all cases to which they are applicable, and in which they are not inconsistent with the rules of order of this Association.”

Under Section 2 it states “The personal or proxy representation of at least one quarter of the members in good standing shall be necessary for the transaction of business.”  

Under Voting, it just states that at each annual or special meeting the owners who are in good standing will be allowed to vote. 

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I'm not clear what you mean by "proxy/mail".

 

But in any case I see NO authorization for mail voting in the portion of the bylaws you quoted.

I agree with both of Dr. Stackpole's statements, as well as the one by Edgar Guest.

 

What is "proxy/mail" and is it authorized in the bylaws?   Authorizing the use of proxies is not the same thing as authorizing a mail vote. 

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RONR prohibits the use of proxies to the maximum extent permissible by law.

 

So it's no good looking to RONR for authorization.   Unless proxies are authorized in your bylaws or are mandatory under the laws of your state, you can't use them.

 

Mail votes would also require authorization in the bylaws, but apart from that, mail votes and proxies are two very different animals, and I join those who have no clue what a mail/proxy is.

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Issue:  Our HOA would like to do a vote by proxy/mail for a very important issue that requires a quick turnaround and we have members that reside in different states.  The HOA has already held two special meetings to discuss this issue (which has been discussed for a few years) and the majority have made their decisions.  It's a yes or no vote. 

 

Question:  Based on the actual language that appears in our By-Laws (see below), will this be allowed according to Roberts Rules?

 

Our HOA By-Laws state under Section 1. state that “The rules contained in Roberts Rules of Order shall govern the Association in all cases to which they are applicable, and in which they are not inconsistent with the rules of order of this Association.”

Under Section 2 it states “The personal or proxy representation of at least one quarter of the members in good standing shall be necessary for the transaction of business.”  

Under Voting, it just states that at each annual or special meeting the owners who are in good standing will be allowed to vote. 

 

It would make no sense for your bylaws to count proxies toward the number of members present unless those members could actually vote by proxy, but you haven't quoted the bylaws provision that authorizes such votes.

But if votes by proxy are allowed, there is nothing in Robert's Rules that would prevent the HOA from mailing proxy forms for members to return by mail.

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