HOA proxy voting rules play a significant role in association elections. These rules exist to protect the rights of voters while maintaining transparency and preventing abuse. In Texas, certain laws are in place that govern proxy voting. Both board members and homeowners should understand these laws to ensure smooth elections.
What are HOA Proxy Voting Rules?
First, we must define what proxy voting is. Simply put, proxy voting is when a voting member designates or appoints someone else to vote on their behalf. That person essentially acts as their representative at the meeting where voting will take place.
Proxy voting allows members to exercise their voting rights even if they cannot be physically present at the election. It also benefits the association by helping achieve a quorum, which is necessary for a meeting and a vote to push through.
While proxy voting has its advantages, it can also have its pitfalls. One particular challenge is the potential for abuse. Fraud and duplicate proxies can cause problems with the voting process, leading to invalid results.
This is where HOA voting rules in Texas come in. Every HOA community should have strict voting rules to regulate proxies. These rules help keep proxy votes honest and clean.
Is HOA Proxy Voting Allowed in Texas?
Yes, homeowners associations are allowed to use proxy voting in Texas. Section 209.00592 of the Texas Property Code states that owners may cast their votes:
- In person or by proxy at an association meeting,
- Using an absentee ballot,
- Via electronic voting methods, or
- Using any other method permitted by the governing documents.
That said, the same section states that associations are not required to provide more than one voting method for homeowners. This means HOAs can choose whether or not to use proxy voting, as long as it allows for either absentee balloting or electronic voting.
Board members should also refer to their governing documents, specifically the HOA bylaws. These bylaws consist of voting and election rules, including rules concerning proxies.
Is Proxy Voting Allowed for Condos in Texas?
Yes. According to Section 82.110 of the Texas Uniform Condominium Act, an owner can give their voting power to someone else through a written and signed proxy. If a unit has more than one owner, each one can vote or object through a proxy as well.
Furthermore, a proxy can only be revoked by giving direct notice to the person running the meeting. A proxy becomes invalid if it lacks a date or indicates that it can be revoked without notice.
Finally, unless stated otherwise, a proxy automatically expires one year after it is signed.
Understanding How Proxy Voting Works
Homeowners can appoint their proxy in writing. To ensure complete details, associations can ask owners to fill out a standard form to designate their proxies. Boards should also educate owners on how to submit the form to the HOA.
Additionally, HOA proxy voting rules should prohibit the reuse of proxy forms. Homeowners cannot reuse the same form for different elections or meetings. Each time a homeowner wishes to appoint a proxy, they must complete a new form, even if they are designating the same person as their proxy.
There are two types of proxies in HOA voting: directed proxy and non-directed proxy.
- A directed proxy dictates how the proxy must vote according to the homeowner’s preferences and directions. It only applies to specific topics or concerns.
- A non-directed proxy leaves the vote to the proxyholder. The voting member doesn’t instruct the proxy on how to vote; instead, the proxy can vote on as many or all of the issues at the meeting as they deem appropriate.
What Should an HOA Proxy Form Include?
Proxy forms should ask for the following details:
- Association name and address
- Meeting details, such as date, time, and the type of meeting
- Proxyholder’s identification, such as name or member number
- If the proxy is for the purpose of reaching a quorum or for voting as well
- A statement authorizing the proxyholder to attend on behalf of the homeowner
- Signature and date of the homeowner and the proxyholder
How to Prevent HOA Proxy Abuse
The primary pitfall of proxy voting is the possibility of abuse. Voters, especially those with ulterior motives, may take advantage of the system and falsify proxy forms to secure more votes for a particular topic or candidate.
Here are the HOA proxy voting rules that will help avoid or catch fraudulent proxies.
1. Use Watermarks or Unique Code Numbers
It is easy to fake proxy forms, especially without the proper precautions in place. Homeowners might falsify proxy forms when they are aware that other members won’t be attending the meeting. They can forge signatures, thereby giving themselves more voting power.
To prevent this, associations can print watermarks or unique code numbers on every proxy form. In doing so, homeowners (including board members) won’t have the ability to make fake duplicates. Scanning the code can also inform board members if a form has been used previously.
2. Verify Proxies Carefully
Another point to include in HOA proxy voting rules is to require careful verification of each form. Board members should thoroughly assess each proxy form, whether it belongs to a homeowner or a fellow director.
Associations can cross-examine every form against membership lists. Board members can also contact the voter to confirm if they designated someone as their proxy. This will help keep everything above board.
3. Educate Voters
Incorrect proxies can stem from malicious intent, but they can also be the fruit of simple ignorance. Association boards should ensure that all voting members are educated about the HOA proxy voting rules. They should remind homeowners to choose someone they trust as a proxy. To take it one step further, homeowners can also inform boards in advance whether they have appointed a proxy, making verification easier.
4. Get Professional Help
Homeowners associations might have trouble managing elections and proxies, especially those led by self-managed boards. Hiring a professional management company can help ease this burden and make monitoring smoother.
Additionally, association boards can consult legal professionals on the proper way to handle disputes or conflicting rules. Lawyers can also advise the board on state laws that might apply to elections.
Ensuring Fair Elections
Navigating the complexities of HOA proxy voting rules can be a challenge. Still, it remains an essential part of managing a community. To ensure fair and transparent elections, board members should consider hiring an HOA management company.
Graham Management offers exceptional HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more.
RELATED ARTICLES:
- What’s The Role Of An HOA Election Committee?
- HOA Board Transition: How To Onboard The New HOA Board
- Should The Board Hire A Project Manager For HOA Projects?