Q: I have an HOA question about board members voting by
proxy. I believe that they cannot submit their own personal vote
via proxy, but are they allowed to simply collect unlimited
proxies? The board members collect and give the proxies to one
board member to distribute. Is this legal? (E.L., via
e-mail)
A: You have to distinguish between board meetings and membership
meetings. Section 720.303(2)(c)3. of the Florida Homeowners'
Association Act specifically states that directors may not vote by
proxy or by secret ballot at board meetings, except that secret
ballots may be used in the election of officers.
As to membership voting, the law provides that unless otherwise
provided in the governing documents, members have the right to vote
in person or by proxy. Unless the governing documents require a
secret balloting process, members generally have the right to vote
by proxy for matters that come before a membership meeting,
including the election of directors.
