Understanding Proxy in Homeowner Associations
In homeowner association terminology, a proxy refers to the legal instrument that homeowners use to delegate their voting rights to other members when they are unable to attend meetings. This tool is essential to maintain the continuity of decision-making processes in the association even when all members are not present.
A proxy can be general or directed. A general proxy gives the individual broad discretion to vote as they see fit on any matter that comes up during the meeting. On the other hand, a directed proxy specifies exactly how the holder must vote on a particular issue.
The use of proxies is governed by the HOA’s bylaws and the state laws where the property is located. It’s important for homeowners to understand these rules before assigning a proxy. For example, some bylaws require the proxy to be a member of the association, while others might allow any individual to serve in this role.
In addition, homeowners should be aware that the proxy is usually revocable. If the homeowner changes their mind or is able to attend the meeting, they can usually revoke the proxy and reclaim their voting rights.
Finally, it’s worth noting that the use of proxies can sometimes lead to contentious situations. Therefore, it’s crucial to choose a proxy who will represent your interests fairly and accurately.
