Proxy Voting

A method by which a homeowner authorizes another person to vote on their behalf at an association meeting. A proxy is a written instrument that grants the designated person (the proxy holder) the authority to cast votes for the absent owner. Proxies may be general — giving the proxy holder broad discretion — or limited, directing the proxy holder to vote in a specific way on specific matters. Most governing documents and state laws require proxies to be in writing, signed by the owner, and submitted before or at the meeting. Proxies commonly include an expiration date, and many states void proxies that are older than eleven months unless a longer period is specified. Proxy voting is frequently used to help achieve quorum at member meetings where in-person attendance is low. However, the rules around proxy use vary significantly by state and by the type of vote being conducted. In California, the Davis-Stirling Act (Civil Code Section 5130) prohibits the use of proxies for board elections and other matters requiring a secret ballot — those votes must be cast by written secret ballot using a double-envelope system. Proxies remain available for non-election matters such as quorum establishment and general membership votes unless the governing documents say otherwise. Boards should be aware that proxy fraud or misuse can expose the association to legal challenges, so clear policies and verification procedures are advisable.