Many homeowner associations in California are voting to amend their bylaws in order to eliminate proxy voting. While proxies are permitted by law unless prohibited in the bylaws of an association many associations have eliminated proxy voting for two primary reasons: (1) Secret ballot voting by mail has made proxies obsolete, (2) The use of proxies make election fraud far easier to commit, and (3) most inspectors of election charge more when proxies are processed.

 

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.

 

Proxies as Substitutes

Voting to Amend or Restate HOA Bylaws - Reasons