by Beth Mulcahy, Esq.
Our firm represents over 1,000 associations in Arizona. I can tell you with certainty that I have not seen a proxy used in an election or annual meeting in many, many years.
Pursuant to Arizona law (A.R.S. Section 33-1812 for planned communities and 33-1250 for condominiums), proxy voting is only allowed while the association is under developer control (time during which the developer may elect or appoint the board of directors). After termination of developer control, proxy voting is prohibited. Votes by members may now be cast in person AND by mail-in ballot or absentee ballot for special meetings and annual meetings of the membership.
There are several requirements for mail-in ballots/absentee ballots:
1. The ballot must set forth each proposed action;
2. The ballot must provide an opportunity to vote for or against each proposed action;
3. The ballot is valid only for one specified election or meeting of the members and expires automatically after the completion of the election or meeting;
4. The ballot must specify the time and date by which the ballot must be delivered to the board of directors in order to be counted, which must be at least seven days after the date the board delivers the un-voted mail-in ballot to the member; and
5. The ballot should specify how many ballots must be returned to achieve a quorum and what percentage of approval is required to approve the action, other than for an election of directors. The ballot cannot authorize another person to cast votes on behalf of the member.
It is important to note that votes cast by ballot are valid for purposes of a quorum.
