HOA VOTING – WHAT YOU NEED TO KNOW ABOUT PROXIES
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Proxy A proxy is a document authorizing a person to act on behalf of another person. Within an HOA, homeowners may authorize another person to represent them at an HOA meeting and to vote on their behalf. In the first instance, a valid proxy should establish the time and date of the meeting, as well as the names of the candidates, and provide lines for write-in votes.
A homeowner can appoint anybody to be their proxy unless the state law or governing documents dictate otherwise. This proxy could be an attorney or the spouse if they do not co-own the unit. The best choice for a proxy representative is another homeowner; however, we can find the specifications about the person that may serve as a proxy in the association bylaws and the state law. In the same way, it is crucial to take into account that a person can only sign this document when they have the right to vote. For example, tenants do not have the right to vote in any association’s annual meeting.
HOA PROXY FRAUD OR ABUSE It is important to note that proxies can be faked and abused. It means that, for example, if someone knows that a person is not going to attend the meeting, they can make several copies of a proxy and sign the absent owner´s name. However, it is possible to implement watermark proxies to prevent unauthorized copies or create a system with secret codes to avoid fraud.
IRREGULARITIES
Other irregularities can arise when a person running for a position on the board asks for proxies from other owners to increase their chances of being elected or reelected. In this sense, some HOAs have governing documents that establish a limit on the number of proxies that one member can gather.
According to your trusted professional on HOA management in Greenville, SC, an ambitious candidate can take advantage of proxies to politicking.
Politicking
In many cases, a member can give a proxy to an attorney. Hence, if this person has a lawful power of attorney, this proxy is not needed, depending on the state law.
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