Use of proxies if a meeting is rescheduled due to lack of a quroum

[Guest Jackie]

Our Homeowners annual meeting failed to achieve a quorum to conduct business.  37 proxies were received for this meeting.  A second meeting has been scheduled for the Homeowners Annual meeting, but the agenda has been changed to include a new item to be voted on.  Are the 37 proxies still valid? Can they be used to achieve quorum (if the signers do not attend in person, of course)?  Or does the fact the agenda has changed make the proxies void?  The proxies have the statement that the proxy is valid for 364 days from the date of the scheduled Homeowners annual meeting.

[Atul Kapur]

The answers to these questions will not be found in RONR. Consult your bylaws and the laws that apply to your HOA.

If you have questions about parts of your bylaws, feel free to ask and please provide the exact quotes.

Questions of law should be taken to a lawyer who knows the specific laws that apply.

[Gary Novosielski]

On 4/21/2023 at 12:01 AM, Guest Jackie said:

Our Homeowners annual meeting failed to achieve a quorum to conduct business.  37 proxies were received for this meeting.  A second meeting has been scheduled for the Homeowners Annual meeting, but the agenda has been changed to include a new item to be voted on.  Are the 37 proxies still valid? Can they be used to achieve quorum (if the signers do not attend in person, of course)?  Or does the fact the agenda has changed make the proxies void?  The proxies have the statement that the proxy is valid for 364 days from the date of the scheduled Homeowners annual meeting.

RONR does not say much about proxies except to prohibit the, to the fullest extend allowed by law.

But since your HOA regulations probably do allow for them, you will need to look elsewhere than RONR for the rules that apply.

Edited April 23, 2023 at 11:46 PM by Gary Novosielski
typo

[Richard Brown]

On 4/20/2023 at 11:01 PM, Guest Jackie said:

Our Homeowners annual meeting failed to achieve a quorum to conduct business.  37 proxies were received for this meeting.  A second meeting has been scheduled for the Homeowners Annual meeting, but the agenda has been changed to include a new item to be voted on.  Are the 37 proxies still valid?

What do the proxies themselves say and what do your bylaws say regarding the use of proxies? Do the proxies state that they are valid only for that first meeting or for the items of business that were specifically listed as being on the agenda for the first meeting?  

i note that you said the proxies are valid for 364 days.  That is a common provision. Is this second meeting being held within 364 days of the date the first meeting was scheduled for?
 

You might be able to answer your question yourself, but if you are in doubt I agree that you should perhaps get legal advice.