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Is the 90-day limit on proxy votes legal for our HOA?

Is the 90-day limit on proxy votes legal for our HOA?

Q: Can an HOA change its voting procedures without member approval?

Typically, an HOA cannot change its voting procedures or bylaws without member approval. Any amendments usually require a vote by the membership, as outlined in the HOA's governing documents. Always check your association's bylaws for specific requirements.

Q: How long is a proxy vote valid in Georgia?

In Georgia, proxies are generally valid for up to eleven months unless specified otherwise in the HOA's bylaws. If the bylaws allow proxies to extend for any period, that provision would take precedence over a shorter limit set by management.

Q: What should I do if I disagree with my HOA's proxy vote policy?

If you disagree with your HOA's proxy vote policy, you should first review the bylaws to understand the rules. You can then discuss your concerns with the board or management. If necessary, consider rallying support from other members to propose changes or amendments at the next meeting.

Q: Are there legal requirements for sending out proxy votes?

Yes, there are legal requirements for sending out proxy votes, including providing proper notice to members. These requirements can vary by state and are often outlined in the HOA's bylaws. It's important to follow these procedures to ensure the validity of the proxy votes.

Full question:

We are a HOA in Forsyth Co. Ga. we have always rolled over Proxy votes from year to year. Our By-Laws state---' Proxies may be given to any other member, and may extend for ant period.'Our new Management Co. Has sent out the Proxy vote for this year ans it states only good for 90 days. There has been NO amendment and NO vote to change anything with the Proxy being mailed out on 4-26-11. is this Proxy vote going to be legal??

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Georgia

Answer:

Notice must be given to revoke a proxy under the relevant statutes. The voting procedures and any amendments are governed by your HOA's bylaws. A board of managers exercises all powers granted by law or the association's documents. The acts of a condominium association are authorized only if permitted by the applicable condominium act, bylaws, and declaration.

In your case, if the bylaws state that proxies may extend for any period, the new management company’s limitation of 90 days may not be valid, especially since there has been no amendment or vote to change this provision. According to Georgia law, proxies are typically valid for up to eleven months unless specified otherwise (Ga. Code § 14-2-722). Therefore, the proxy you received may be legal if it adheres to your existing bylaws.

We cannot provide legal advice and recommend consulting a local attorney who can review all relevant documents and facts.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the purpose of a proxy vote in an HOA?

A proxy vote allows a member of a Homeowners Association (HOA) to authorize another member to vote on their behalf at meetings. This is useful for members who cannot attend meetings in person, ensuring their voice is still heard in decisions affecting the community.