Is it acceptable under the NH law for a HOA board member to participate by proxy?

Question

A homeowners association board member participates "by proxy" with no legitimate excuse for her absence.  Her proxy is another board member.

James L. Arrasmith · Answer

Under New Hampshire law, whether a HOA board member can participate by proxy largely depends on the association's governing documents, such as its bylaws or covenants. Many HOAs allow proxy voting, but they often have specific rules about who can serve as a proxy and under what circumstances. It's important to review these documents to determine if proxy participation is permitted and what restrictions may apply. 
 
Using another board member as a proxy, especially without a legitimate reason for absence, can raise concerns about conflicts of interest and the proper functioning of the board. This practice might undermine transparency and accountability within the HOA. Additionally, some associations have provisions that limit or prohibit board members from acting as proxies for one another to maintain impartiality and fairness in decision-making. 
 
If the governing documents are unclear or if there is uncertainty about the legality of this proxy arrangement, it may be wise to consult with a legal professional who is knowledgeable about New Hampshire HOA laws. Ensuring that all board actions comply with both the law and the association’s rules helps maintain trust and effectiveness in managing the community.

Q: Is it acceptable under the NH law for a HOA board member to participate by proxy?