person holding proxy MUST BE PRESENT at mtg

[Guest etp]

My apologies for the "stupid question," but an issue has arisen between a Board President & the management company for the association: An annual meeting is coming up for a condominium association. The current Board President does not desire to be present at the meeting (as the President would have to fly across the US for the annual meeting); therefore, the Board President wishes to participate via conference call

It is anticipated that many members of the condominium association will participate via conference call (as many do not live in the same city where the annual meeting will be held, and many members do not wish to incur the time or expense of travelling to the annual meeting); therefore, participation (on a limited basis) will be provided via conference call, and specific provisions were included in the annual meeting notice package sent out to all of the association members earlier this month to instruct the members how to participate via conference call

The members are returning completed proxies to the association's management agent, and many of the proxies are naming the Board President to act on behalf of the members who will NOT be in attendance at the meeting

PROBLEM: The Board President cannot be named to act on behalf of a member of the association who will not physically attend the annual meeting BECAUSE the Board President will not be in physical attendance at the meeting

PRESUMPTION: a member of an association cannot attend a meeting; therefore, the member gives his/her proxy to a person who WILL BE IN ATTENDANCE (in person) at the meeting

PLEASE CONFIRM THAT THIS PRESUMPTION IS CORRECT ---- The Board President and I are in disagreement on this topic -- I have reviewed Roberts Rules, along with an attendant "simplified" supplement, and (of course) carefully reviewed the Master Deed & Bylaws

The Board President thinks that the President can hold the proxies of members -- even though the Board President will not be present, in person, at the annual meeting

Who is right??

Thank you

[George Mervosh]

This is all Robert's rules says about proxies.

[hmtcastle]

The current Board President does not desire to be present at the meeting (as the President would have to fly across the US for the annual meeting); therefore, the Board President wishes to participate via conference call

Perhaps he should have thought about that when he agreed to serve as president. In any case, participation via conference call is prohibited unless your bylaws (or some superior rule or law) permits it.

It is anticipated that many members of the condominium association will participate via conference call (as many do not live in the same city where the annual meeting will be held, and many members do not wish to incur the time or expense of travelling to the annual meeting); therefore, participation (on a limited basis) will be provided via conference call, and specific provisions were included in the annual meeting notice package sent out to all of the association members earlier this month to instruct the members how to participate via conference call

That's not sufficient to authorize participation via conference call (though I suppose it depends on how limited the "limited basis" is).

The members are returning completed proxies to the association's management agent, and many of the proxies are naming the Board President to act on behalf of the members who will NOT be in attendance at the meeting

Then they chose the wrong person.

I'll also assume that the board president is also the president of the association (though that's not necessarily the case).

[Guest etp]

This is all Robert's rules says about proxies.

what if the owner cannot attend the annual meeting AND what if what if the person named on the proxy who was supposed to attend the annual meeting cannot attend the meeting due to an unexpected last minute emergency that prevents said person's attendance?

is the proxy then deemed to be invalid?

can the proxy still be counted for quorum purposes?

etp

[George Mervosh]

what if the owner cannot attend the annual meeting AND what if what if the person named on the proxy who was supposed to attend the annual meeting cannot attend the meeting due to an unexpected last minute emergency that prevents said person's attendance?

is the proxy then deemed to be invalid?

can the proxy still be counted for quorum purposes?

etp

RONR doesn't have rules for proxy voting as was clearly indicated in FAQ#10. Did you view the link?

[Guest etp]

I appreciate all of the input and responses

MOST HELPFUL

Yes, the Board President and the Association President are one and the same person

Allow me another question: A proxy is received from Donna Martin-- Donna Martin cannot attend the annual meeting, so she names "John Smith" to hold her proxy as John plans to be at the meeting

The day before the meeting, John Smith is in a car accident and cannot attend the meeting -- Donna cannot be contacted to submit another proxy with another person named

Is Donna Martin's proxy invalid? can it still be counted for quorum purposes?

Your wisdom?? Thank you

[hmtcastle]

what if the owner cannot attend the annual meeting AND what if what if the person named on the proxy who was supposed to attend the annual meeting cannot attend the meeting due to an unexpected last minute emergency that prevents said person's attendance?

is the proxy then deemed to be invalid?

can the proxy still be counted for quorum purposes?

As noted (several times), voting by proxy is beyond the scope of RONR and, therefore, this forum.

That said (and at grave personal risk), a proxy is a power of attorney (it says that in RoNR so, so far, I think I'm covered) by which one person (the grantor or giver of the proxy) transfers authority (limited or broad) to another person (the proxy holder). If the proxy holder is not present, he can't very well exercise the authority he was given. The proxy isn't necessarily invalid, it's just that the proxy holder didn't show up.

As for counting proxies towards the quorum, that's another can of worms that RONR doesn't open, though some organization have something called "present by proxy" (but, in your case, the proxy holder isn't present).

[Tim Wynn]

I appreciate all of the input and responses

MOST HELPFUL

Yes, the Board President and the Association President are one and the same person

Allow me another question: A proxy is received from Donna Martin-- Donna Martin cannot attend the annual meeting, so she names "John Smith" to hold her proxy as John plans to be at the meeting

The day before the meeting, John Smith is in a car accident and cannot attend the meeting -- Donna cannot be contacted to submit another proxy with another person named

Is Donna Martin's proxy invalid? can it still be counted for quorum purposes?

Your wisdom?? Thank you

Is John Smith okay? Everyone forgets about him.

[Josh Martin]

PROBLEM: The Board President cannot be named to act on behalf of a member of the association who will not physically attend the annual meeting BECAUSE the Board President will not be in physical attendance at the meeting

PRESUMPTION: a member of an association cannot attend a meeting; therefore, the member gives his/her proxy to a person who WILL BE IN ATTENDANCE (in person) at the meeting

PLEASE CONFIRM THAT THIS PRESUMPTION IS CORRECT ---- The Board President and I are in disagreement on this topic -- I have reviewed Roberts Rules, along with an attendant "simplified" supplement, and (of course) carefully reviewed the Master Deed & Bylaws

The Board President thinks that the President can hold the proxies of members -- even though the Board President will not be present, in person, at the annual meeting

Who is right??

what if the owner cannot attend the annual meeting AND what if what if the person named on the proxy who was supposed to attend the annual meeting cannot attend the meeting due to an unexpected last minute emergency that prevents said person's attendance?

is the proxy then deemed to be invalid?

can the proxy still be counted for quorum purposes?

Allow me another question: A proxy is received from Donna Martin-- Donna Martin cannot attend the annual meeting, so she names "John Smith" to hold her proxy as John plans to be at the meeting

The day before the meeting, John Smith is in a car accident and cannot attend the meeting -- Donna cannot be contacted to submit another proxy with another person named

Is Donna Martin's proxy invalid? can it still be counted for quorum purposes?

Your wisdom?? Thank you

So far as RONR is concerned, no one gets any proxies, ever. Unsurprisingly, it therefore has no rules for how to handle proxies. Your questions are not about the interpretation of RONR, but about your organization's Bylaws, which supersede RONR. These questions are therefore beyond the scope of RONR and this forum. It's up to your organization to interpret its own rules. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation.

[Gary Novosielski]

This is all Robert's rules says about proxies.

Well, that's all the FAQ says about it.

RONR has a bit more to say. First, it condemns it more roundly. Second, it asserts that, wherever state law permits but does not mandate proxy voting, a society whose bylaws are otherwise silent, by the act of adopting RONR as its parliamentary authority, prohibits the practice outright.

[George Mervosh]

Well, that's all the FAQ says about it.

RONR has a bit more to say. First, it condemns it more roundly. Second, it asserts that, wherever state law permits but does not mandate proxy voting, a society whose bylaws are otherwise silent, by the act of adopting RONR as its parliamentary authority, prohibits the practice outright.

It says more than that, but ok......the FAQ is all the poster needs at this point.