Legal Question in Real Estate Law in Georgia

Given these sections of our covenants and by-laws, can you please tell me if proxies are valid for a vote? We would like to use proxies for members who are unable to attend the meetings in person.

Covenants

Voting. Members shall be entitled to one (1) vote for each lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. The Lot�s vote shall be suspended in the event more than one (1) Person seeks to exercise it.

By-Laws

Voting. The voting rights of the members shall be as set forth in the articles of Incorporation and the Declaration, and such voting rights are specifically incorporated herein.

Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing, dated, and filed with the Secretary before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of such member�s lot, or upon receipt of notice by the Secretary of the death or judicially declared incompetence of a member, or of written revocation, or upon the expiration of eleven (11) months from the date of the proxy.

Thanks,

Karen


Asked on 1/11/16, 9:30 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Yes, as long as they conform to the requirements - in writing, dated and filed with the HOA Secretary before meeting.

ww.macgregorlyon.com

Read more
Answered on 1/11/16, 10:14 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia