Sec. 10. (a) This section applies to a proxy given by a member of a homeowners association.
(b) A proxy that does not comply with this subsection is void. A proxy must include all the following:
(1) The name and address of the member giving the proxy.
(2) The name of the individual empowered to exercise the member's proxy.
(3) The date on which the proxy is given.
(4) The date of the meeting for which the proxy is given.
(5) The member's signature, whether executed by hand or as an electronic signature.
(6) An affirmation under the penalties for perjury that the individual signing the proxy has the authority to grant the proxy to the individual named in the proxy to exercise the member's proxy.
(c) A member may state in a proxy that the proxy is limited in its use to specific matters described in the proxy.
(d) A member may give a proxy for the meeting referred to in subsection (b)(4) and any continuation of that meeting, if the proxy states that it expires on a stated date that may not be more than one hundred eighty (180) days after the date on which the proxy is given.
(e) A member may create and use a proxy form designed by the member if the form complies with the requirements of subsection (b).
(f) A proxy, or a copy of the proxy, regardless of whether the copy is a paper copy or an electronic copy, that is exercised for any purpose at a meeting must be kept with the records of the meeting.
(g) Notwithstanding subsection (b)(6), a member may submit a proxy that complies with this section by:
(1) hand delivery;
(2) United States mail;
(3) facsimile; or
(4) electronic mail or other electronic means.
As added by P.L.141-2015, SEC.12. Amended by P.L.27-2017, SEC.2.
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