Question:
Our HOA in Pennsylvania recently held an election for Executive Board members. Voting consisted of proxy ballots only and a quorum was not reached. At issue, is whether those that did vote by proxy can or must resubmit a ballot prior to the next election date. Is there any legal requirement one way or the other?
– Rick
Answer:
Hi Rick,
The Pennsylvania Uniform Planned Community Act ยง 5310(b) has this to say about proxies:
“Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given under this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date unless it specifies a shorter term.”
However, it is best to also check your governing documents for guidance on how long proxies are valid. Keep in mind that a proxy is different from the ballot itself. A proxy is a written document a unit owner signs to appoint someone else to represent them at a meeting and vote on their behalf. The ballot is the instrument by which the homeowner or proxy casts the vote. For the next election, the proxy will need to fill out a new ballot to vote.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
