With Annual meetings comes proxies. In many scenarios, the question of should a proxy be counted is posed.
What is a proxy anyway...? A "proxy" is a means by which a condo or HOA unit owners who expects to be absent from the Annual meeting authorizes someone else to act in his or her place at the meeting, either by voting for them or by participating through quorum only.
Quroum only means that the unit owner is "present" for the purpose of meeting quorum, or the required level of unit owner participation required before business can legally be conducted.
When a proxy is for quorum purposes only, they are only tabulated on the sign in sheet.
When a person gives their proxy to a specific person or to the Board of Directors, that person or Board has the right to vote on behalf of the absent person.
When should a proxy be counted or put aside? Simple answer is that it depends on how the bylaws read. Generally speaking, if a proxy is legible, witnessed (if required) and does not choose more than one option, it can be counted. When in doubt, ask your legal counsel.
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