HOA proxy form: A guide to voting, rules, and more

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

What is a proxy?

A proxy is a document that lets a homeowner authorize someone else to vote on their behalf at a homeowners association (HOA) meeting. This way, if a member can’t attend, they can still have their vote counted by assigning it to someone they trust. HOA proxy forms can help communities reach quorum and keep meetings productive.
 

How does proxy voting work?

Before participating in proxy voting, keep in mind that rules and procedures can differ between associations, so it’s important to review your HOA’s governing documents for specific guidance. Proxy voting typically involves:

1. Assigning a proxy

   Homeowners complete a proxy form to designate someone, such as a neighbor or board member, to vote on their behalf. It's essential to choose someone trustworthy who understands your preferences.
    

2. Defining voting authority

   On the proxy form, you typically specify whether the proxy holder has full freedom to vote on all matters (non-directed proxy), or is bound by specific instructions you provide (directed proxy).
    

3. Submitting the form

   The completed form must be submitted to the HOA or meeting organizer by the required deadline, which will be outlined in your association’s rules.
    

4. Casting the vote

   The proxy holder typically casts the vote during the meeting, representing the homeowner’s interests as outlined on the form.

Directed vs. non-directed proxies

A directed proxy requires the proxy holder to follow exact instructions provided by the homeowner, including the specific issues that can be voted on.

A non-directed proxy gives the proxy holder the flexibility to vote based on their judgment. The proxy can typically vote on any topic on behalf of the homeowner.
 

Proxy rules and regulations

The rules for using an HOA proxy form vary depending on your state or province’s laws and your association’s governing documents. However, many associations follow a few common standards:

• Format: The HOA proxy form should clearly state the member’s name, the proxy holder, the meeting date, and voting instructions for limited proxies.
   
• Signature: The homeowner granting the proxy must sign and date the form.
   
• Submission: Some HOAs require proxies to be submitted before the meeting, while others allow them to be handed in at the door.
   
• Validity: Most proxies are only valid for one meeting. Check the HOA bylaws to confirm whether they expire or can be reused.
   
• Limitations: Some HOAs set limitations on proxies, such as how many proxies a single person can hold, or whether board members are allowed to collect proxies.

Because every association is different, the best way to understand how proxy voting works in your community is to review your bylaws and declaration.
 

How do you get a proxy form?

You can typically get an HOA proxy form from your community association manager, your HOA board, or the association’s website. Associations are often required to provide proxy forms ahead of annual or special meetings.

When filling out an HOA proxy form, it’s important to:

• Use the correct form for your association.
   
• Clearly name the person who will act as your proxy.
   
• Indicate whether the proxy is general or limited.
   
• Sign and date the form as required.

If a form is missing information or not filled out properly, it may not be accepted. If you’re unsure about any part of the process, check with your board or management company before submitting it.
 

HOA proxy form recordkeeping

Many associations keep proxy forms on file after the meeting. State/provincial laws or your governing documents may require that forms be kept, especially if the meeting involved a financial vote or board election. Keeping a secure archive of proxy forms can help resolve any questions that come up later and demonstrate compliance. Talk with your management team about how long to retain records and how to store them securely.
 

Tips for managing proxy forms effectively

HOAs can improve participation and transparency by having a clear and consistent proxy process:

• Send forms early: Distribute proxy forms with the meeting notice.
   
• Use a standardized form: Make it easy for members to complete correctly.
   
• Provide instructions: Explain how proxies work and how to submit them.

Board members should consult their HOA lawyer and management company to learn how to track proxy submissions in compliance with applicable laws while avoiding errors in quorum counts or voting outcomes.
 

Frequently asked questions about HOA proxy forms

What is the difference between a proxy and a quorum?

A proxy lets a homeowner authorize someone else to vote on their behalf. A quorum is the minimum number of members needed to hold an official meeting. Proxies can help meet quorum by counting the member as “present” even if they aren’t there in person.
 

What is the difference between a proxy and an absentee ballot?

A proxy delegates voting power to another person, while an absentee ballot lets the member vote directly without attending the meeting. Your association’s documents will say which method is allowed for which types of votes.
 

How many proxies can one person hold?

That depends on your governing documents. Some HOAs limit the number of proxies one person can carry to prevent vote stacking, while others allow unrestricted proxy holding.
 

Can board members collect proxies?

Some communities allow it, while others place limits to avoid potential conflicts of interest. In associations where it’s permitted, it’s still best practice for board members to be transparent about their role when collecting proxies. If your association does allow board members to hold proxies, it may be helpful to create a written policy to guide fair and consistent use.
 

What makes a proxy form invalid?

An HOA proxy form might be ruled invalid if it’s incomplete, unsigned, or doesn’t clearly specify the proxy holder or meeting details. In some cases, the form may also be rejected if it was submitted late, altered after signing, or violates your community’s rules and regulations, such as exceeding limits on how many proxies one person can hold. To avoid issues, encourage members to double-check forms before submitting them and provide clear examples of what’s required. A consistent review process can help reduce the risk of procedural disputes.
 

How are proxies counted?

Once received and verified, proxies count the same as if the homeowner were present at the meeting. They help establish quorum and allow the proxy holder to cast votes during the meeting. Depending on your documents, the board or management team may review and validate proxy forms before the meeting begins.
 

Can proxies be revoked?

Yes, proxies can usually be revoked in writing before the meeting or by the member attending in person and voting. The association’s rules will specify the formal process.
 

How FirstService Residential can support your community

As a leading property management company, FirstService Residential helps take the guesswork out of proxy voting. Our team helps boards prepare for meetings and follow the right process based on their governing documents and state/provincial laws. Contact a member of our team today to learn more.