Proxy

Definition/About

A proxy is a document that a proxy grantor (a unit owner) provides to a proxy holder (a member of the association), authorizing them to vote on their behalf; however, a proxy is not a ballot and cannot be used as a secret ballot. Proxies must have an expiration date; if none is specified, they expire 11 months after issuance and cannot be valid for more than three years. Many governing documents require proxies to be filed with the secretary of the association, a practice followed by Condo Elects. Under California law, the inspector of elections determines the authenticity, validity, and effect of proxies, which must be authorized by manual signature, typewriting, telegraphic transmission, or other legally recognized means. A proxy can be revoked if the proxy grantor notifies the inspector of elections, issues a new proxy, appears at the meeting, or submits a secret ballot before the proxy is exercised. A proxy consists of two parts: the proxy document, which grants voting authority, and a detachable page, where the proxy grantor may indicate voting preferences; however, this detachable page remains with the proxy holder and is not submitted as a secret ballot, and the proxy holder cannot be compelled to follow it. If a proxy is granted and the proxy holder casts a vote, the ballot is considered irrevocable. While associations may allow proxies, they are not required to do so. Associations should refer to legal resources or seek attorney guidance for further clarification on proxy use and compliance with California law.

The links above are provided for reference and further reading. Condo Elects is not affiliated with, does not endorse, and does not maintain a business relationship with these sources. These are publicly available resources, and their content is subject to change. For legal advice tailored to your specific situation, please consult an attorney.