Matthew Winton's Condo & HOA Blog

Using proxies to meet quorum requirements; Sample Proxy Form

Often, community associations (whether they are mandatory homeowner associations or condominium associations, or voluntary neighborhood associations) will have difficulty in obtaining a quorum for member meetings. A quorum is a number of members who must be present at the meeting in order for the association to conduct business. Typically, the bylaws to the association will provide the quorum number, often expressed as a percentage or a fraction of the total number of members. One method of increasing the likelihood of achieving a quorum is by proxy use. A proxy is a piece of paper signed by a member and given to another person (the proxy holder) so that the proxy holder can attend the meeting in place of the member. The bylaws to the association may contain a provision regarding proxies, such as when and to whom they must be given. If the association has incorporated, Oklahoma law provides that a proxy may be given, and unless the proxy provides otherwise the proxy will be valid for no longer than three years from the date on the proxy.

For a sample form of a proxy that is combined with a written voting ballot Download sample_proxy.pdf .

Submitted by Matthew L. Winton, an Oklahoma community association lawyer.

Minutes and Resolution Samples

For Oklahoma homeowner associations, condominum associations, and community associations, a sample corporate resolution may be found by Download sample_corporate_resolution.pdf .

For Oklahoma homeowner associations, condominium associations, and community associations, a sample form of annual meeting minutes may be found by Download sample_annual_meeting_agenda_and_minutes.pdf .

Provided by Matthew L. Winton, an Oklahoma community association attorney.

Important Oklahoma Law Update

On November 1, 2007 an important change in employment/taxation law will go into effect in Oklahoma. In an effort to penalize illegal aliens in Oklahoma and the individuals and businesses who utilize alien personal services, the Oklahoma Legislature passed HB1804. The pertinent text of the new law is set out below.

The summary of a pertinent portion of HB1804 is:

1. Any community association contracting with someone for personal services (landscaping/mowing, construction/repair work, etc) on an independent contractor basis (i.e., not as an employee of the association) must now verify employment authorization of the independent contractor.

2. The hiring entity (the association) must verify employment authorization just as if the association were hiring the contractor as an employee (completion of Form I-9 with supporting documentation).

3. The association must retain records of the employment authorization.

4. If the independent contractor fails to provide proof of employment authorization, the association must now withhold income taxes from the independent contractor just as if the independent contractor were an employee of the association.

5. IF the association fails to verify employment authorization AND withhold income taxes from an independent contractor who is not authorized for employment, the association may become liable for the income taxes that should have been withheld from the independent contractor.

Not only does this new law require employment documentation from even independent contractors used by the association, HB1804 will severely penalize the association for failing to meet the dictates of the law. I just hope HB1804 won't be applied to my local pizza delivery person, because I'm sure my family orders more than $600 per year in pizza from the local restaurant.

posted by Matthew L. Winton, Oklahoma community association attorney