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NealF1 (Texas)
Posts: 1
Posted:
I live in a small gated gated community (12-homes) in Houston Texas. We recently had a vote to elect a Board Member as their term was up. Of course, the incumbent was running again for a board postion along with another HOA member whom had never served on the board. Yes, we have career Board Members. Genrally speaking, I really don't have a problem with career Board Members although a fresh face would likely be good for our small community.

The board has done a fairly decent job, but nothing I would call outstanding. The biggest problem that I have with the present board (remeber career Board Members) is the lack of communication or unwillingness to communicate. I beleive this lack of communication is the root cause of the few issues that do come up from time to time in our small community. In saying that, I do again state that a fresh face would be a good thing.

I did not knock on anyone's door solicting proxies and/or votes, but in causal conversation in the common areas the subject of the upcoming meeting was talked about among all for several weeks. When the subject was brought up with me I was not shy in speaking my opinion that a fresh face would be good thing and that I would not be supporting the incumbent.

Anyway, I received four (4) proxies, thus I carried 5-votes when mine was included. Of copurse, the fresh face would be voting for himself which gave us 6-votes or better said, 50% of the votes. Worst case is that there would be a tie and at some later date another vote would have to take place. All is Good....

Well let me tell you that I was shocked to find out that one (1) of my proxies was invalidated because a newer proxy was given to another indivual whom happen to be a Board Member who was not the incumbent.... Yes, the fresh face lost the election.

What happened is that a neighbor saw me and approached me in the court yard literally minutes before the meeting stating that something came up and she could not make the meeting, thus giving me her proxy knowing full well whom I was supporting. Unfortunately, the incumbent saw her giving me the proxy and it so happens that they are neighbors and good friends. The incumbent politely engaged us only to be told that she had given her proxy to me because she couldn't attend the meeting.

The incumbent left and called another Board Member whom immediately got a blank proxy and went to this person's house whom had just given me a proxy.... Understand that this is literally minutes before the meeting.

The next morning this lady approached me apologizing that she re-newed her proxy, thus invalidating the proxy she have given me. She told me that the Board Member whom knocked on her door told her that she really needs to vote for whom she wants. She said that she was put on the spot and placed in a most uncomfortable position. Additionally, this Board Member told her that someone was seriously deliquent in their monthly dues, thus their vote would not count and they really needed her vote. This Board Member had her write across the blank proxy "New Proxy" and fill it out with the incumbent's name as the person she was giving her proxy. within 5-minutes before the meeting...

This Board Member came to the meeting and gave this re-newed proxy to the incumbent whom used it for their own personal gain and the rest is history.

I believe this to be a successful conspiracy by two (2) Board Members to manupilate the vote. Dishonest, no -- Honest, no -- I would term it as a perversion of honesty. Wrong at so many levels. Leveraging a proxy over a next door's neighbor relationsahip whom happen to be the incumbent. WoW... The matter should have been dropped when she stated that she had given her proxy to me, let the chips fall where they may.... By the way, nobody within the community was behind on their monthly dues... All twelve (12) votes wer valid and utilized. The final tally was 7 to 5 -- incumbent won...

What are your thoughts? Illegal? Reason for someone's removal from the board? Should I just forget it?

TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By NealF1 on 01/23/2011 12:11 AM

What are your thoughts? Illegal? Reason for someone's removal from the board? Should I just forget it?


Thoughts - Had the Association used directed proxies over general proxies, it wouldn't have mattered whom the individual gave the proxy to. Whom ever had the proxy would have had to vote in the matter designated by the member.

Illegal - No. Politics as normal. A little scummy but certainly not illegal. In fact, you said that the member who gave the proxy even told you that they did it. Therefore, it is certainly no where near being illegal.

Reasons for Removal - No. That individual did nothing legally wrong. They solicited proxies from a neighbor who, on their own, chose to change their vote. That individual just played the political game.

Should you forget it - No. But don't let it consume you. In the large picture this issue would be very very minor. Work to correct it by urging members to use directed proxies and for the Board to create a directed proxy form. Perhaps you could volunteer to write the Association newsletter - which would help correct the communication issue you said existed.

Tim

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