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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4723
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Is there a Texas statute or Prop Code or written regulation

Resolved Question:

Is there a Texas statute or Prop Code or written regulation for the use of a general proxy? I know it's in use for 11 months. My specific question is I don't think a signed proxy allows a board to do whatever they want with it. I believe there must be some regulation so that boards don't get a proxy and use it to put in a swimming pool, a park, etc.

Question: I am looking for a Texas Property Code or BOC that governs options of a proxy. I am not looking for an opinion.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.
Hello. Are you speaking of a corporation (non-profit or for-profit) or an entity with its own bylaws and regulations like a homeowners association?
Customer: replied 1 year ago.

Sorry, this is a non-profit, HOA/POA, with bylaws & declaration

Expert:  Irwin Law replied 1 year ago.
I presume that the proxy is between a member and the Board as opposed to from a board member to another board member, where the laws are different. There are no statutory limits on proxy voting. It is governed by the organizations bylaws etc... Unless there are specific restrictions in the bylaws or CCRs, proxies are unlimited and can be used for any motions which come before the board while it is in force. If there is a question about authority, is always wise to specify and limit what votes the proxy is being given for.
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Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4723
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Irwin Law and 4 other Estate Law Specialists are ready to help you

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