Does an HOA Board Have An Advantage By Using Proxies?

Proxies used to pretty much control HOA elections. Now they don’t have to. That is because California law requires secret ballot elections conducted by distribution of a ballot package that can be returned by mail and so owners can vote without attending a meeting! Still, questions come up. Here is the most recent question I received:

“I have lived in a condo since 1985 and have found the Board can elect who they want because of the absentee  owners that send a proxy in.”

In any HOA that still uses proxies the Boards have to set up a process that  allows proxy holders to get a ballot package and return it on behalf of the Owner giving the proxy.

Perhaps the most ironic thing is that I used to get emails from boards that believed owners who went out and collected proxies had the advantage in elections.

It doesn’t matter what side you are on. Anyone can go door to door  or get a membership list or an alternative mailing to owners to try to collect proxies if the bylaws allow use of proxies.  If the documents prohibit proxies, which is common for documents that were amended after the elections law for HOAs became effective, in 2006, Owners (including Directors) can still go door to door or write up some communications and have them mailed to owners (at individual expense) and seek support for any “side”.

 

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