QUESTION: My HOA recently sent out secret ballots but took the position that members who returned ballots were assigning a proxy to the board for any votes taken at the annual meeting. I take exception to this action. I think a separate proxy signed by the homeowner should be at the owner's request.
ANSWER: Ballots are not proxies but it’s possible your association used proxy language on the outside of the ballot envelope. Many law firms and management companies advocated this when the election law went into effect in 2006 because the legislature failed to indicate whether ballots counted toward quorum. The problem was subsequently resolved with clean-up legislation which counted ballots toward quorum. (Civ. Code §5115(d)) As a result, proxy language is no longer needed and should be removed from envelopes.
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