Guest valerie Posted July 29, 2010 at 05:53 PM Report Share Posted July 29, 2010 at 05:53 PM This regards a small homeowners association of 4 units. In our bylaws it is stated and allows a proxy for a homeowners meeting BUT does not delineate how a proxy should be written. I believe that it has to have the date of the meeting, a revocable clause with written notice AND it has to specify each item to be voted on along with YES/NO for each item. IS this true or can a proxy be open ended giving the proxyholder authority to vote on anything voteable and to his/her liking without any direction of owners wishes?Also regarding Board of Directors meeting and proxy. Our bylaws are silent on having any proxy for a board meeting and I have bee told that proxies for Board of Directors meetings are not allowed at all. What should I believe ? Link to comment Share on other sites More sharing options...
jstackpo Posted July 29, 2010 at 06:55 PM Report Share Posted July 29, 2010 at 06:55 PM RONR doesn't deal much with proxies, other than to say that they are legal documents - so I fear you will need to get legal advise about how to structure them. If your bylaws don't authorize them for board meetings, then they are indeed not allowed at board meetings. I am surprised that you need proxies with only 4 members/home owners. Link to comment Share on other sites More sharing options...
hmtcastle Posted July 29, 2010 at 08:40 PM Report Share Posted July 29, 2010 at 08:40 PM I am surprised that you need proxies with only 4 members/home owners.I'm surprised they need a board! Link to comment Share on other sites More sharing options...
Josh Martin Posted July 30, 2010 at 01:09 AM Report Share Posted July 30, 2010 at 01:09 AM I am surprised that you need proxies with only 4 members/home owners.I'm surprised they need a board!Since HOAs are often governed by state law, it's quite possible that is the reason for these odd provisions. Link to comment Share on other sites More sharing options...
hmtcastle Posted July 30, 2010 at 10:56 AM Report Share Posted July 30, 2010 at 10:56 AM Since HOAs are often governed by state law, it's quite possible that is the reason for these odd provisions.Well, if you insist on getting all reasonable on us . . . Link to comment Share on other sites More sharing options...
Guest valerie Posted July 30, 2010 at 03:03 PM Report Share Posted July 30, 2010 at 03:03 PM This regards a small homeowners association of 4 units. In our bylaws it is stated and allows a proxy for a homeowners meeting BUT does not delineate how a proxy should be written. I believe that it has to have the date of the meeting, a revocable clause with written notice AND it has to specify each item to be voted on along with YES/NO for each item. IS this true or can a proxy be open ended giving the proxyholder authority to vote on anything voteable and to his/her liking without any direction of owners wishes?Also regarding Board of Directors meeting and proxy. Our bylaws are silent on having any proxy for a board meeting and I have bee told that proxies for Board of Directors meetings are not allowed at all. What should I believe ? Link to comment Share on other sites More sharing options...
Guest Guest Posted July 30, 2010 at 03:07 PM Report Share Posted July 30, 2010 at 03:07 PM I am replying to thank the folks who responded to my questions re: association of 4 units. Our bylaws talk about proxies for the HOA meetings. We have 4 BOARD members (one from each unit). One member cannot be at the HOA (member) meeting and wants to teleconference and this I was told is just NOT allowed. It is silent in the Bylaws (as is that with regards to a Board of Directors meeting, it is silent on having a Proxy).Silence I was told means that it CANNOT BE DONE. State of Nevada appears to get picky on things and we do not want to get caught with our proverbial pants down (anyway it would not be a pretty sight..hahaha)thanksvalerie Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 30, 2010 at 03:37 PM Report Share Posted July 30, 2010 at 03:37 PM I am replying to thank the folks who responded to my questions re: association of 4 units. Our bylaws talk about proxies for the HOA meetings. We have 4 BOARD members (one from each unit). One member cannot be at the HOA (member) meeting and wants to teleconference and this I was told is just NOT allowed. It is silent in the Bylaws (as is that with regards to a Board of Directors meeting, it is silent on having a Proxy).Silence I was told means that it CANNOT BE DONE. State of Nevada appears to get picky on things and we do not want to get caught with our proverbial pants down (anyway it would not be a pretty sight..hahaha)thanksvalerieFor a long time, people were told the world was flat. Just because someone says it doesn't necessarily make it so (although it certainly might be). Wouldn't be a bad thing to pretend you hail from Missouri (the Show Me state) in these cases. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 31, 2010 at 03:23 PM Report Share Posted July 31, 2010 at 03:23 PM Silence I was told means that it CANNOT BE DONE. State of Nevada appears to get picky on things and we do not want to get caught with our proverbial pants down (anyway it would not be a pretty sight..hahaha)It is correct that as a matter of parliamentary law, methods of absentee voting (such as teleconferencing or proxy voting) are only allowed if specifically authorized in the Bylaws. (RONR, 10th ed., pg. 408, line 31 - pg. 409, line 2) If the State of Nevada is picky about these things, however, you may want to check with a lawyer to see if there are any applicable provisions in state law on this matter. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.