Association election contests can be controversial, as the community decides who will govern in the coming year.  Proxies all too often add to the controversy.

What is a proxy?  A proxy is a device by which one association member authorizes another to vote for them.  Unless banned by governing documents, proxies are allowed in non-profit mutual benefit corporations under Corporations Code Section 7613 and Civil Code Section 1363.03(d)(2).

The three types of proxies.  The three varieties of proxy are the directed proxy, the general proxy and the quorum-only proxy.  By a directed proxy, the member instructs the proxy holder how to vote, and the proxy holder must vote as instructed.  By a general proxy, the member gives their voting rights to another person who may vote as they see fit.  The proxy for quorum purposes only is self-explanatory, in that the member does not wish to vote or to give their vote to someone else but desires to help the association attain quorum.

What makes a proxy "legal"?  For general or quorum-only proxies, the requirements are very simple.  Per Corporations Code Sections 178 and 7613, a proxy need only express that a member authorizes someone else to vote for them.  Section 178 requires proxies be "signed" by the maker, although the definition of "signed" is much broader than simply a signature.  A member may type their name, or may even be via telephone call if it can be determined the call is authentically from the member.  By implication, the statute requires proxies to be dated.  A proxy could be on the back of a parking receipt, or a napkin.  Associations insisting upon an "official" proxy form are mistaken, and often spark unnecessary disputes with members who submit proxies that while "unofficial" still meet the very minimal legal requirements.

Civil Code Section 1363.03 (d)(1)(A) adds another simple limitation - a proxy may only be given by a member to another member (not a relative, or tenant, for example).

Some special issues, such as recall or ratifying contracts with a director, must be mentioned on the general proxy for it to be usable on those issues.

Special requirements for directed proxies.  Directed proxies are no longer useful, due to the addition of new legal requirements. Under Civil Code Section 1363.03(d)(3), directed proxies must have a detachable sheet telling the proxy holder how to vote.  The proxy holder keeps that sheet, and then casts a secret ballot.  There is no way to confirm that the proxy holder voted the ballot as instructed, since the ballots are secret, and the directed proxy is unnecessary, since members can now vote in advance on all important association votes.

How long does the proxy last?  If it does not contain an expiration date, it automatically expires eleven months from its date.  A proxy cannot state an expiration date longer than three years.

Proxies are ordinarily revocable.  Proxies may be revoked simply by the member showing up to vote, and casting their own ballot at the meeting.  They may also be revoked by the member issuing a later dated proxy, or by issuing a written statement of revocation.

Problems with general proxies.  There is no reliable way for Inspectors of Election to confirm the validity of a member's signature, or even the date.  Some members play games with proxies, leaving dates blank, or collecting them under circumstances which are questionable. Proxy issues are one of the most common form of election dispute in common interest developments.