All votes in your association are important, but you can’t always be there, that’s why HOA proxy votes matter. While voting is an important privilege and responsibility, and homeowners can influence the future of their neighborhoods, voting isn’t always convenient. A proxy vote can bridge the gap for a member who can’t physically attend a meeting to cast a vote for the absent member. Since there are pros and cons with proxies, HOA, and COA managers should become familiar with proxy voting. Here are five things managers need to know about HOA proxy votes.

What is an HOA proxy?

A proxy is a document that allows the owner of a unit or lot to appoint someone else (a proxy) to vote for them. Normally the proxy should be an owner, but it could be their partner or tenant in some cases. To be certain who can be nominated, check the community’s by-laws. Normally proxy forms include the date of the meeting so that the proxy can’t keep voting for them indefinitely.

HOA Proxy Votes & Quorum

Proxies are most often used to establish a quorum. Boards often rely upon the collection of proxies to fulfill the quorum requirement at the annual shareholders’ meeting. Another reason that an owner may appoint a proxy is if there isn’t the option to vote online. If allowed in your state, then offering online votes is a good idea especially since it seems like meetings will continue to be hybrid for a while.

Proxies and Bylaws

A proxy must be granted in the HOA or COA bylaws. States may differ on how the proxy can be used, but the bylaws must include proxy requirements and identify which type of proxies are permitted—general or limited. A general proxy allows the proxy holder to vote as they think is best. While a limited proxy holder means that they have to vote as you instructed them. If a proxy holder operates outside of the type of proxy granted in the HOA or COA bylaws then the board can nullify the vote.

So residents should be encouraged to check what type of proxy is allowed in their association. As a manager, you should let residents know what proxies are permitted. Otherwise, the homeowners association’s secretary can do that. The only situation that this might not be appropriate is if the resident is planning to vote against that person for re-election.

HOA Proxy Forms

HOA proxy votes are implemented through a legal document. So, there have to be some key elements in the document. A proxy form should note the time and date of the meeting. It should also include the names of candidates and lines for write-in votes. Then, the form should also state who is appointed as the member’s proxy, to vote on their behalf.

Confusion over Proxy

A proxy can be confusing or even misused. Sometimes homeowners return a completed proxy, thinking they have cast their vote properly. However, proxies are not ballots. It’s important that owners understand this, as confusion or misuse of proxy voting can result in the unintentional loss of a vote. Especially if your state doesn’t allow mail-in ballots.

This means that if the vote is sent in wrong, it’s often not counted. Only sometimes can it be sent back with an explanation of what was wrong so the resident can correct it. If possible, instructions should be crystal clear so that the resident doesn’t misuse his precious vote.

Improve Communication

To reduce confusion around votes, the manager should communicate the rules clearly with residents. You can do this during HOA meetings, or in the run up to HOA elections.

You can send out an email that states voting rules, and what to do if you want to give proxy to someone. This will improve understanding and transparency in your association.

If you need help communicate with residents and board members, Neigbrs by Vinteum is an award-winning communication and management software for HOAs and Condos. Schedule your free demo to discover how we can improve your communication.

Misuse of Proxies

The final problem of HOA proxies is that they can be hijacked for political agenda. That means that a candidate for election can go round collecting people’s proxies so they can vote for themselves. Especially if they are general proxies, this can pose a huge problem as they can influence the outcome of the vote. As a property manager, you should check the record keeping on proxies to make sure that this doesn’t happen in any community that you manage. If the board is very secretive around their proxies, this is a massive red flag and should be looked into.

Conclusion: HOA Proxy Votes

If HOA proxy votes are common in the communities that you manage then you should make sure that residents are clear on the rules. By explaining them to residents, as well as emailing the rules and posting them on the HOA’s website and portal, this will reduce confusion. You should make the rules as transparent as possible to the board and residents. This should ensure that HOA proxies aren’t misused or confused with their ballots.

Frequently Asked Questions (FAQs)