8-KShareholder Matters

AVALONBAY COMMUNITIES INC 8-K Report, Shareholder Vote Results (May 24, 2012)

Filed May 24, 2012For Securities:AVB

Summary

AvalonBay Communities, Inc. (AVB) filed an 8-K on May 24, 2012, detailing the results of its Annual Meeting of Stockholders held on May 23, 2012. The primary purpose of the filing was to report the voting outcomes on several key proposals. Investors should note the overwhelmingly positive re-election of all nine director nominees and the strong ratification of Ernst & Young LLP as the company's independent auditors for fiscal year 2012. The advisory vote on executive compensation also received substantial support from stockholders. Of particular interest to investors is the outcome of the stockholder proposal concerning the preparation of a sustainability report. While the proposal was narrowly defeated, with more votes cast against it than in favor, management acknowledged the significant minority vote in support. The Chairman of the Board indicated that the company would explore providing additional information on its sustainability efforts in a cost-effective manner, signaling a potential future focus on ESG (Environmental, Social, and Governance) reporting.

Key Highlights

  • 1All nine director nominees were re-elected at the Annual Meeting of Stockholders.
  • 2Ernst & Young LLP was ratified as the company's independent auditor for the fiscal year ending December 31, 2012, with strong support.
  • 3A non-binding, advisory vote on executive compensation received significant stockholder approval.
  • 4A stockholder proposal requesting the preparation of a sustainability report was narrowly defeated.
  • 5Despite the defeat, management acknowledged the substantial minority support for the sustainability report and committed to exploring enhanced disclosure in this area.

Frequently Asked Questions

The Annual Meeting of Stockholders on May 23, 2012, involved votes on electing nine directors, ratifying the appointment of Ernst & Young LLP as independent auditors, an advisory vote on executive compensation, and a stockholder proposal for a sustainability report.

All nine director nominees were re-elected with substantial 'For' votes, and there were no abstained votes related to director nominees.

The proposal for AvalonBay to prepare a sustainability report was narrowly defeated. Votes against the proposal (40,988,526) outnumbered votes in favor (37,267,868), with a significant number of abstentions (5,487,372).

The Chairman of the Board acknowledged the vote as an indicator of stockholder interest in sustainability information. He stated that the company would explore ways to provide additional information on its sustainability efforts in a cost-effective manner.