Directors Voting – Dispelling Myths

Every director who sits on the board of a homeowners association gets a voice in the operations of the association.  The questions I receive are more about how that voice is exercised through a vote.  For instance, some directors travel quite a bit, whether for work or play is irrelevant.  The directors however are entitled to notice of the board meetings and can participate by telephone, casting their vote via phone at the time of the meeting.  But what about voting by proxy in an HOA, is that allowed? No, the Homeowners’ Association Act specifically prohibits a director from voting via proxy on matters that come before the board.  Similar prohibitions exist in the Florida Condominium Act and the Florida Cooperative Act, so it is important to keep this in mind.