Proxies as Substitutes
A proxy is a substitute for another. While proxies are permitted by law in California, they have become obsolete when it comes to elections held by homeowner associations because these elections are now held by secret ballot usually mailed to the inspector of elections. All ballots count toward establishing a quorum. Consequently, the use of proxies can be prohibited by amending an association's governing documents.
Proxy holders must be members of the association. Members cannot designate an attorney, friend, or non-member to be a proxy. California law does not require that members be in good standing to be proxies, only that they be members of the association.
While proxies may be used, they are never required given that voting is conducted by mail. Accordingly, associations are not required to provide proxies to members.
Proxies also increase the opportunity for fraud to be committed.
While ballots cannot be signed, proxy forms must be signed. The signature may be an original, but it may also be typed under California law. Unsigned proxies are void.
When a proxy is delivered to the inspector of elections, the inspector will take the proxy and provide a ballot to the proxy holder so he or she can vote.
Given that the inspector of elections must certify the election results, proxyholders must be present when the votes are being counted, in order to present any proxies and receive ballots.
Proxy Fraud and Misuse
While the majority of proxies are used legitimately and are permitted by the bylaws of most homeowner associations in California, they can lead to misuse and fraud. Proxies became obsolete when secret ballots were permitted to be mailed to a third party inspector of elections. Eliminating the use of proxies eliminates fake proxy documents which has become a major problem. Unfortunately, it has become common for some homeowners, including board members, to create fake proxies when they know that certain members don't plan to vote or attend the meeting where the votes will be counted . In addition, since inspectors of election are not required to oversee the proxy holder's compliance with any instructions, the proxy giver must trust that the holder will follow any directions. This does not always happen. Eliminating proxies does not interfere with someone voting by mail.
Proxies
Good Idea or Bad Idea?
Some members of homeowner associations ask their neighbors for proxies so they can vote for their neighbors.
Owners can simply mark their ballot and mail it to the inspector of elections in the envelopes provided. It is not necessary to allow another person to decide how your vote will be cast.
Proxy holders are not required to honor any instructions provided by a proxy giver. The proxy holder can decide how to cast the ballot provided to him or her.
The purpose of voting by mail to assure secret ballot voting. Proxies eliminate the secrecy aspect of the voting process.
While every member of an association has the right (subject to any limitations set both in the governing documents) to give away their right to vote. It is important to be fully informed before doing so.
The reason someone solicits proxies is to build a voting block in order to acquire control. This may or may not be advantageous to the association.
The bottom line is that every owner receives a ballot and mailing envelope and can vote without giving someone else the power to vote for him.
Voting to Eliminate Proxy Voting
Revocable Undirected Proxy Form
HOAInspectorofElections.org
Serving All of California