Guest Steve Smith Posted October 18, 2017 at 04:41 PM Report Share Posted October 18, 2017 at 04:41 PM We are required to hold an annual meeting for the neighborhood HOA. There are no votes planned at this meeting because directors serve 2yr terms and were elected last year. It appears from our documents that we need to have a quorum (20% of membership) to have the meeting. These meetings are typically lightly attended, so proxies are important to obtain quorum. My question is, what should a proxy form look like when there aren't any specific votes planned? Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted October 18, 2017 at 04:43 PM Report Share Posted October 18, 2017 at 04:43 PM See FAQ #10. Quote Link to comment Share on other sites More sharing options...
Guest Steve Smith Posted October 18, 2017 at 06:56 PM Report Share Posted October 18, 2017 at 06:56 PM So it that like a refusal to answer the question? FAQ #10 says that Robert's Rules doesn't speak specifically to this issue, instead pointing to the by-laws or other laws concerning proxies. I already said our by-laws permit proxies and require a quorum. There are a lot of master parliamentarians around here so I just wanted to know what other people do in these situations. I've seen reference to a "quorum only proxy" so perhaps that's the way to go. Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted October 18, 2017 at 07:21 PM Report Share Posted October 18, 2017 at 07:21 PM Your question simply goes beyond the scope of the forum. The answer provided by the RONR Authors in the FAQ link Mr. Huynh provided is the only one permitted here, as far as I know. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted October 18, 2017 at 07:22 PM Report Share Posted October 18, 2017 at 07:22 PM The phrase you used: "When no votes are planned" may represent a bit of assumption -- who knows what might come up of concern to your homeowners that someone, in New Business, may make a motion about. Thing is about proxies is that they are legal documents, powers of attorney, as noted on page 428, and we ain't lawyers here. Your state HOA laws (or other laws) may well have something to say about the form of proxies so check with the secretary of state where you live. Nobody is "refusing" to answer your question -- well, actually we all are but we don't want to get in trouble practicing law without a license. Quote Link to comment Share on other sites More sharing options...
Guest Steve Smith Posted October 18, 2017 at 08:22 PM Report Share Posted October 18, 2017 at 08:22 PM Saying "well here's what I've done personally, but consult an attorney" is not practicing law without a license. I should know as an attorney myself. Just looking for a friendly pointer in the right direction. It looks like I've already found it based upon my research - a quorum only proxy - but good gravy guys.... Quote Link to comment Share on other sites More sharing options...
SaintCad Posted October 18, 2017 at 08:35 PM Report Share Posted October 18, 2017 at 08:35 PM (edited) I think you are missing the point. This is not a general parliamentary procedure board but very specific to Robert Rules. If your question is not addressed by RONR we would not answer it here. Also as an attorney you should respect the fact that we do not know the laws specific to your jurisdiction and thus do not want to recommend practices that may violate the law. Edited October 18, 2017 at 08:35 PM by SaintCad Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 18, 2017 at 10:21 PM Report Share Posted October 18, 2017 at 10:21 PM 1 hour ago, Guest Steve Smith said: Saying "well here's what I've done personally, but consult an attorney" is not practicing law without a license. I should know as an attorney myself. Just looking for a friendly pointer in the right direction. It looks like I've already found it based upon my research - a quorum only proxy - but good gravy guys.... Hopefully, lawyers know something about the law governing corporations as well as the law of agency in their particular jurisdictions, since these are the laws which govern the use of proxies, and take precedence over parliamentary law. So look in that direction (which you ought to know something about). As far a parliamentary law is concerned, "Proxy voting is not permitted in ordinary deliberative assemblies unless the laws of the state in which the society is incorporated require it, or the charter or bylaws of the organization provide for it. Ordinarily it should neither be allowed nor required, because proxy voting is incompatible with the essential characteristics of a deliberative assembly in which membership is individual, personal, and nontransferable." (RONR, 11th ed., pp. 428-29) Quote Link to comment Share on other sites More sharing options...
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