Ten Tips For Successful Proxies for HOA Meetings
Tip #1. Idaho Code Section 30-3-58 governs proxies for most HOAs. It is part of the Idaho Non-profit Corporations Act.
Tip #2. Unless the articles of incorporation or bylaws limit proxies, an HOA must allow them.
Tip #3. You or your attorney-in-fact [power of attorney holder] must sign the proxy for it to be valid.
Tip #4. The proxy is effective when it is received by the Secretary or other person designated to tally votes.
Tip #5. A proxy is valid for eleven months, unless a longer or shorter period is stated – – but the maximum is three years.
Tip #6. You can revoke a proxy by attending any meeting and voting in person, signing a new proxy, or revoking the proxy in writing.
Tip #7. A proxy should be made in favor of an individual rather than a group. Better to have a proxy naming “Nancy Smith” than “the Board of Directors.”
Tip #8. The articles or bylaws can have reasonable conditions for the use of proxies.
Tip #9. Unless the articles or bylaws regulate delivery, a proxy can be faxed or scanned and e-mailed. Originals are not necessary unless specifically required by the articles or bylaws.
Tip #10. Here is a good form to use for a proxy. It must be signed and dated.
I appoint ________[name of individual]______________________, as my proxy to vote on my behalf at the Annual Meeting of Members of the Happy Acres Homeowners Association, Inc. to be held on Tuesday, April 1, 2006, in Sun Valley, Idaho, or any postponement thereof, for the transaction of such business as may properly come before the Meeting.
Signed: _______________ Dated: ____________________