Frederick, MD asked in Uncategorized for Maryland

Q: What are the rules governing proxy votes for HOA Board of Directors? Can a resident be a proxy for another resident?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Pursuant to the Maryland Homeowners Assocoation Act, Real Property Code, Section 11B-113.6(c)(iii), "Lot owners who are not present at the meeting may: 1. Vote by proxy in accordance with the requirements of the governing documents and this title; and 2. Be considered present for quorum purposes through their proxy."

So, first, pull out your governing documents, a copy f which yu were equired by law to have received when you purchased your home, and review the voting provisions regarding voting by proxy. What is in the HOA governing documents, however, is not the final word. Under Section 11B-113.2(a) of the HOA Act, "Notwithstanding language contained in the governing documents of the homeowners association, the board of directors or other governing body of the homeowners association may authorize lot owners to submit a vote or proxy by electronic transmission if the electronic transmission contains information that verifies that the vote or proxy is authorized by the lot owner or the lot owner's proxy." So, if proxy votes are not permitted already by the governing documents, the HOA Board can authorize proxy voting by electronic means. Such authorization will require a vote of the Board as provided for in the HOA governing documents, and some recording of the vote, and a written notice to HOA members as provided in the governing documents.

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