What is the name of your state (only U.S. law)? Texas
Is there any actual legal document that states the requirements for who can be assigned a proxy vote and execute that vote?
Here is the current situation
This is for HOA in Texas (not Houston area)
The governing documents do not mention any rules for proxy votes
the governing documents do not have any mention of any other controlling document such as Robert's rules of order.
The governing documents do state that proxy voting is allowed.
There is a Resident (Bob) who is not an owner and as such does not have a vote with the membership. Bob is a member of the board of the HOA (Docs do not require board to be a part of the membership of the HOA) Bob has received proxies that have designated him as the appointed person to execute the proxy.
There are some people including a lawyer who says that those proxies are invalid since Bob is not a Owner and thus not part of the membership of the HOA. I have not been able to see any written document to says this though.
The proxy says person designated will have my authority to vote at annual meeting as such this would be kind of like a power of attorney or some such thing limited to that and I don't understand why that would be limited to only giving proxy to voting member.
If you do know any law regulation or anything that would say one way or another on this please share.
Thanks,
Ralph
Is there any actual legal document that states the requirements for who can be assigned a proxy vote and execute that vote?
Here is the current situation
This is for HOA in Texas (not Houston area)
The governing documents do not mention any rules for proxy votes
the governing documents do not have any mention of any other controlling document such as Robert's rules of order.
The governing documents do state that proxy voting is allowed.
There is a Resident (Bob) who is not an owner and as such does not have a vote with the membership. Bob is a member of the board of the HOA (Docs do not require board to be a part of the membership of the HOA) Bob has received proxies that have designated him as the appointed person to execute the proxy.
There are some people including a lawyer who says that those proxies are invalid since Bob is not a Owner and thus not part of the membership of the HOA. I have not been able to see any written document to says this though.
The proxy says person designated will have my authority to vote at annual meeting as such this would be kind of like a power of attorney or some such thing limited to that and I don't understand why that would be limited to only giving proxy to voting member.
If you do know any law regulation or anything that would say one way or another on this please share.
Thanks,
Ralph