Associations, planned communities, and condominiums subject to all of the provisions of the Planned Community Act and the Condominium Act are required to permit proxy voting. Planned Communities and condominiums formed after the effective date of those statutes are permitted proxy voting unless the articles of incorporation or bylaws prohibit or limit proxy voting. One owner of a lot may execute a proxy, but if a lot is owned by more than one person, each owner of the lot may vote or register a protest to the casting of votes by the other owners through a proxy.
It is important to make sure that proxies are dated. A proxy is void if not dated. A proxy terminates eleven (11) months after its date, unless it specifies a shorter term. Proxies should be submitted to the association’s secretary prior to opening the meeting so that the proxies may be used by the secretary in determining whether a quorum exists.
Click here for a template that can be used to create a proxy for your Association.