For board member proxies, see Index, proxy of director.

Do you know what to do if the board receives an appointment of proxy from a member by telegram?  Is it valid?  Modern advances in communications allow lightning fast delivery of information and communications that put the Pony Express to shame.  Because of trends favoring the use of these modern forms of communication, all boards should be prepared if they receive an appointment of proxy from a member by teletype or telegram! (Yes, this is tongue in cheek, but the point stands as to electronic methods, such as email or even text message).

Definition.  A proxy is a power of attorney that allows one person to act on another person's behalf at a meeting.  Strictly speaking, a proxy is the person acting on another's behalf, and a proxy appointment is a form or other writing that appoints the proxy.

Can a Member Use a Proxy?  The law authorizes a member of an incorporated association to vote or otherwise act by proxy, unless the bylaws specifically limit the use of proxies.  Accordingly, the board may not limit how a member uses a proxy, unless the bylaws authorize the board to do so.  If the bylaws or articles of incorporation say association business must be conducted according to Robert's Rules of Order, the members may not use proxies, unless the bylaws or articles specifically say proxies may be used.1

How?  The law doesn't limit how a proxy may be appointed, but it does provide some methods that are deemed

Members Area.  This resource is available to members.  Join us by subscribing today!

Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

16-6a-712. Proxies
16-6a-713. Nonprofit corporation's acceptance of votes