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HOMEOWNERS ADVOCATE GROUP
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Homeowners Advocate Group

Protecting Your Rights, Home and Community


Proxy & The Process

As voting homeowners, you are called principles and when filling out the "Vote By Proxy",  you are delegating your voting power to your selective member, called a proxyholder in your absence. The proxyholder at his or her discretion may mail in or hand carry to the HOA authorized Election Inspector at the Annual Meeting and cast your ballot.


It's always in the best interest for homeowners to read their HOA CC&R's for the definition and rules before drafting a proxy form.


Make sure the proxy form you are using  is legally correct and cannot be invalidated by your Board of Directors or the HOA attorney.  This will assist and help expedite  Advocacy Groups in collecting their ballots.


Below are rules that may 

appear in your HOA CC&R's.


1.  Proxyholder Must be Present. Proxyholders must be present to vote.

2.  Voted as Designated. Proxyholders must vote as indicated on the proxy.

3.  Unsigned Proxies. Unsigned proxies are void.

4.  Unnamed Proxies. If the proxy does not name anyone as proxyholder, then the person who registers the proxy will be deemed the proxyholder.

5.  Undesignated Proxies. Undesignated proxies are those which give no indication how the proxyholder is to vote. The proxyholder will have the right to vote as he or she deems appropriate.

6.  Attendance by Owner. If the proxygiver attends the meeting and registers to vote, any proxies submitted on that member's behalf are automatically void.

7.  Multiple Proxies. In the event two or more proxies are registered for the same Unit/Lot, the following rules apply:
a.  dated proxies will prevail over undated proxies;

b.  proxies with the most recent date prevail; and

c.  proxies with the same date will be used for quorum purposes only. 
8.  Alterations. Any alterations to a proxy must be initialed by the proxy-giver, otherwise the altered votes or the entire proxy shall be deemed invalid.

9.  Voting Rights Suspended. When a member's voting rights have been suspended, his or her proxy is void. However, he or she still has the right to attend the meeting and act as a proxyholder for other members and vote all proxies assigned by such members.

10.  Non-Member Signatures. Proxies signed by a renter or any other non-member are void.

11.  Miscellaneous. Any issues not addressed by these rules will be decided by the inspectors of election on the night of the annual meeting.

Below are 2 sample types of Proxy's, 

Cumulative and Non-Cumulative Voting


Cumulative Proxy

I am a member in good standing in this Association. I hereby revoke all previous proxies and appoint  <name>  or, if no one is named, the Board of Directors to act as my proxy and vote in my place at the meeting of the members to be held on   <date>   at  <time> , at    <address>   , or at any adjournment of the meeting. My proxyholder shall vote as instructed on the attached "Voting Instructions."

Member's Name (PRINT): _____________________________________________

Member's Signature: _______________________________________

Address: _________________________________________________

Date: _____________

    ................................................................................. Separate Detachable Page ..................................................................................

VOTING INSTRUCTIONS TO PROXYHOLDER

I AUTHORIZE my proxy to vote as follows:

 1.  ____ ABSTAIN from voting (use for quorum purposes only), or

 2.  ____ VOTE at proxyholder's discretion, or

 3.  ____ VOTE as follows:

Cumulative voting is authorized. You may cast    <#>    votes in any manner you choose DO NOT cast more than the authorized number of votes. If you make a mistake, cross out the error and initial the change.

           <name of nominee>                   # of votes   <#>
           <name of nominee>                   # of votes   <#>
           <name of nominee                  # of votes   <#>
           <name of nominee>                   # of votes   <#>
           <name of nominee>                   # of votes   <#>
<NOTE: The person designated as proxyholder must be a member of the association. In addition, proxies cannot be mailed to the association inside ballot envelopes. They must be delivered to the proxyholder, who must attend the meeting on the proxygiver's behalf.>


Non-Cumulative Proxy

I am a member in good standing of this Association. I hereby revoke all previous proxies and appoint  <name>  or, if no one is named, the Board of Directors to act as my proxy and vote in my place at the meeting of the members to be held on   <date>   at  <time>  , at    <address>   , and at any adjournment thereof. My proxyholder shall exercise my proxy as follows:

I AUTHORIZE my proxy to vote as follows [SELECT ONE OPTION ONLY]:

 1.  ___  ABSTAIN from voting (use for quorum purposes only), or

 2.  ___  VOTE at proxyholder's discretion, or

 3.  ___  VOTE as indicated on the attached page.

Member's Name (PRINT): _____________________________________________

Member's Signature: _______________________________________

Address: _________________________________________________

Date:

          ................................................................................... Separate Detachable Page .....................................................................

VOTING INSTRUCTIONS TO PROXYHOLDER

As my proxyholder, you are authorized to vote as follow:

        ___   <candidate's name>
        ___   <candidate's name>
        ___   <candidate's name>
        ___   <candidate's name>

[NOTE: The person designated as proxyholder must be a member of the association. In addition, proxies cannot be mailed to the association inside ballot envelopes. They must be delivered by the proxygiver to the proxyholder. The proxyholder must then attend the meeting on the proxygiver's behalf to vote as directed by the proxygiver.]