The What and How of Proxies and HOA Voting
When it comes to HOA voting, we at Condominium Associates understand that not everyone is familiar with association terminology. We are here to walk you through the process to give you a better voter experience.
Proxy 101
A proxy is a document authorizing a person to act on behalf of another person. When it's time for HOA voting, a unit or homeowner may allow someone else to represent them at an HOA meeting and to vote on their behalf. Proxy forms typically include the date and time of the meeting and a statement that declares authorization. A proxy's purpose is to represent owners who are unable to attend a meeting and for association members to understand better how the overall membership feels about a distinct issue.
Proxy Representation
The right choice for a proxy representative is another owner. There are specific rules about who may serve as a proxy representative in the state of Florida. According to a TCPalm article, owners may appoint a neighbor as his proxy holder for a vote to amend the governing documents. However, the other owners can't give him the authority to vote at his discretion.
Proxies Are Not Ballots
A proxy is different from a ballot, and to some, this is somewhat confusing. It is especially puzzling in states that have mail-in votes, such as Florida. When an owner receives a proxy form in the mail but perceives it as a ballot, they complete and return the form believing they just voted. However, this is not the end of the process, and in fact, is just the beginning. The proxy who replaces the person who isn't physically at the meeting to vote must then vote on the actual ballot.
Proxy Abuse
Depending upon the type of vote, proxy abuse may occur. It is tempting to offer to serve as the proxy representative for more than one owner if the goal is to get a particular voting outcome. Best advice practices are to let management send out the proxies. Discourage association board members from handing out proxies and from soliciting proxies from fellow owners. It's easy to get caught up in the excitement of an impending vote; however, the best part of an HOA is the democratic process in reaching a decision.
Association Input Rights
We get it. Life is busy. Sometimes you have to miss a meeting. Add in out-of-town owners, and you'll quickly see how proxies are valuable tools in reaching a consensus from the majority, not just a few. By taking the following steps, your association will be on its way to better owner engagement during the voting process:
Do your research and pinpoint any bylaw language concerning proxies.
Review Florida state law for voting by proxy in an HOA setting.
Create awareness with a pre-proxy campaign, especially in those states with mail-in ballots.
While board members are discouraged from soliciting or collecting proxies, they can help educate other members. Develop a cheat sheet of common questions and answers regarding the process and give one to each board member.
The proxy process doesn't have to be complicated. Most members, once educated about the process, will appreciate the opportunity to have their voice heard, even if it's via a form. For more information about HOA voting and proxies, contact us today.