Check whether an association proxy can be counted

Key facts

Human involvement

Yellow · Close supervision

How AI is used

List whether the bylaws permit proxies, whether any voting instruction is on a separate detachable page, and whether the member revoked the proxy before the inspector received the ballot. Do not count the vote.

What the lawyer must review

You decide whether the proxy can be used. Section 5130(a) says a proxy is a written authorization signed by a member or the member's authorized representative that gives another member or members the power to vote on behalf of that member. Signed means the placing of the member's name on the proxy, whether by manual signature, typewriting, telegraphic transmission, or otherwise, by the member or the authorized representative. Section 5130(b) says proxies shall not be construed or used in lieu of a ballot. An association may use proxies if permitted or required by the bylaws and if those proxies meet this article, other laws, and the governing documents, but the association shall not be required to prepare or distribute proxies. Section 5130(c) says an instruction directing how the proxyholder is to cast the vote shall be set forth on a separate page of the proxy that can be detached and given to the proxyholder to retain. The proxyholder shall cast the member's vote by secret ballot. The member may revoke the proxy prior to receipt of the ballot by the inspector of elections as described in Corporations Code § 7613. Section 7613 was not opened. Section 5115(d)(2) counts a vote by proxy toward the 20 percent quorum at a reconvened director election. It does not make the proxy itself the ballot. The tool does not count the vote.

Written for / version

United States versionUS