Question:
Our HOA is a non profit, are there certain criteria for someone to be a proxy voter for a board position? We have someone calling people in the community taking people’s votes over the phone and planning on turning them in of the annual meeting. As a non-profit I thought proxy ballots were supposed to be mailed.
– Kenneth
Answer:
Proxy voting must be executed in writing, not over the phone. Section 10A-3-2.05(b) of the Alabama Nonprofit Corporation Law states:
“(b) A member entitled to vote may vote in person or, unless the nonprofit corporation’s governing documents otherwise provide, may vote by proxy executed in writing by the member, or by his or her duly authorized attorney-in-fact. No proxy shall be valid after 11 months from the date of its execution, unless otherwise provided in the proxy. Where directors or officers are to be elected by members, the bylaws may provide that the elections may be conducted by mail.”
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