---
title: "Check whether an association proxy can be counted"
url: "https://ailawframework.com/practice/strata-and-community-titles/check-whether-a-proxy-vote-can-be-counted/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A47-SF20261022-20-US"
practice_area: "Strata & Community Titles"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check whether an association proxy can be counted

> 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.

Canonical page: https://ailawframework.com/practice/strata-and-community-titles/check-whether-a-proxy-vote-can-be-counted/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Strata & Community Titles](https://ailawframework.com/practice/strata-and-community-titles.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Check whether a proxy vote can be counted](https://ailawframework.com/practice/strata-and-community-titles/check-whether-a-proxy-vote-can-be-counted.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- If the bylaws do not permit or require proxies, § 5130(b) does not supply permission.
- This is California. Another state's proxy rule, including for a corporation that is not a California association, can differ.

## Sources

- [California Civil Code § 5130](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=5130) (checked 2026-10-22)
- [California Civil Code § 5115](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=5115) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*