Idaho Proxy

Started by BobbiW • 12 replies • 4199 views

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BobbiW (Idaho)
Posts: 9

Posted:

Hello
Can someone from Idaho comment on this. i live in a very small community( 20 lots) the Committe gathered proxies so they could have the 2/3 majority in the homeowner meeting last summer. the problem is the govening documents, ccr's and aritcles of declaration do not say anything about proxy votes. is there some other document i can check that might state they have the ability to get these proxies. I pulled all of the records at the county and could not find any govening documents except the two i noted here. i have also requested to see those proxies and they think they didn't keep them. i would imagine for legal purposes they would need to keep a record.
thank you

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Bobbie ... you should possibly have By-Laws. Check with your County Records office to see if any were filed.

BobbiW (Idaho)
Posts: 9

Posted:

this is for Janet ( who responded with the by laws)

I called the county and they don't have any idea what i talking about. I did a records check this week at the county recorder's office and the only documents filed for my subdivision are the CC&R's and Articles of incorportation. that's it. could you please explain in more detail what the by laws are. are these documents that goven all HOA's in a particular state. The county told me that the ccr's were the bylaws for my hoa. not sure if the lady knew what she was talking about though.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Bobbi:

The By-Laws is the Non-Profit Corporation governing document. It describes the who, what, how of items such as:
• Members
• Meetings
• Notice of Meetings
• Voting
• Order of Business
• Board of Directors and Duties
• Officers and Duties
• Etc….

In Colorado these are usually filed with CCR's with County Records. I am not familiar with your state so you might see if these are possibly filed with a State office. Also, ask the other members in your HOA to see if someone may have been given a copy.

Otherwise ... you may not have By-Laws. You might check your HOA State Statutes to see what documents an HOA is suppose to have in place.

JanetB2 (Colorado)
Posts: 4,219

Posted:

My bad ... the State Statutes you need to review on this would be anything for Non-Profit Corporations, if that is how you are set up.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Bobbie - apparently your board did its research and used the proxies to establish the quorum and the votes for an election.

Is that right?

The real PROBLEM is that your 20 homeowners need to attend this important meeting and not give away their power and vote to a few people.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Bobby,

In addition to your Associations governing documents the Association must follow State HOA laws and, if incorporated, the States corporate law. Since most HOA's are typically incorporated as a non-profit, then the
IDAHO NONPROFIT CORPORATION ACT laws (title 30 chapter 3) would apply.

If your association is incorporated in a different state, then those State corporate laws would be the ones applicable.

Idaho statutes address proxies under 30-3-58.Proxies (click the links to see the full text).

This is where it states that proxies are allowed. Specifically:

"Unless the articles or bylaws prohibit or limit proxy voting, a member may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an attorney-in-fact."

Hope this helps,

Tim

BobbiW (Idaho)
Posts: 9

Posted:

i would like to thank Tim for his response. I did find that document in the Idaho code under the non profit corporation filing earlier this afternon and you confirmed what i found. however I don't think these idiots know there is an idaho code. they illegally passed what they called amendments to the CC&R's and one of the admentments say they can do proxies. if they knew the idaho code says they can get proxies if the CCR's didn't restrict them then they wouldn't listed the right to proxy as an amendment. (the amendment issue is a separate topic and they have totally screwed up the process so I am pretty sure non of those amendments are legally binding) i have ask for copies of the proxies and the secretary thinks he threw them out. i would think they would have to keep them for a record to prove that they really had them.

this is a very small group with the same four people that keep self electing themselves to the committe for years and years. we live in a little sub division with private roads. the road leading to the sub division is public and not paved. one of the committe members desperately wants to get that public road paved. never in the 8 years this HOA has existed did they do proxies. now suddenly you see the proxies and the last statement in the meeting minutes state that it will cost 80K to pave that road and he thinks we owners might be able to get a good deal on paying for it. I think they are getting those proxies so they can vote on paying for that road next year. I actually don't think even if they get those proxies they can force homeowners who live in a sub division with private roads to pay for paving a public road. that is the reason i ask about the proxies. I am going to call the people who signed away their voting rights and tell them what they might be paying for. I am sure most of the people proxied those votes have no idea what they did.

thanks

SusanW1 (Michigan)
Posts: 5,202

Posted:

New proxies would have to be issued for an upcoming vote, so you have plenty of time to educate your fellow homeowners.

Question: WHAT were the proxies used for? to establish a quorum for the meeting or for a vote on a motion?

You speak about past proxies being destroyed, but then talk about a vote next year for the paving. I'm confused as to the use of those destroyed proxies you are talking about.

BobbiW (Idaho)
Posts: 9

Posted:

Susan w

I don't really know what those Proxies were used for other than electing the same 4 people some business issues and I think to pass what they call the amendments.

(my biggest concern next to this road issue)

The CCR's lists a very specific process to amendment the CCR's. It says the committee must submit a proposed amendment to all home owners for a vote. it must pass by 2/3 rds vote. then they must record the amendment with the county with the vote for and against. It also says in the CCR's that to be legally binding these amendments have to filed with the county. The homeowners meeting notes keep refering to these amendments they have passed. I have never ever seen these proposals and never voted on them. And most important they have never filed them with the county recorder's office. .
when i ask for the docmented amendments and the vote count. i got an email with the list of them and they said they didn't keep a vote count. I am betting that they think because the got those proxies they can have this meeting and pass all the amendments they want whatever else they choose to do like that paving that public road.

I ask for copies of the proxies and the secretary guy said he doesn't think he kept them. Which stupid and probably illegal. How can you gather proxies and say you passed all of these items without keep the proxies to prove it.

i am assuming this committe will go out and get new proxies for next year so the one fellow can try to push through a vote on the road paving issue. hope this clears things up for you.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Bobbi:

Per your statement:

It also says in the CCR's that to be legally binding these amendments have to filed with the county.

Put the information from your CCR’s into a letter requesting a copy of the “Amendments Officially Filed” with the county. The copy they provide should have a County stamp showing date filed. Send it certified return receipt to all your board members. They will either be able to supply the official documents or they will become aware that they do not have said documents. See what happens ….

If you talk with your neighbors regarding your concerns, then I doubt they will be able to get the proxies.

BobbiW (Idaho)
Posts: 9

Posted:

susan
I am compiling several issues (as outlined in previous messages) I am also doing research and making sure that I know the Idaho law regarding proxies and the correct process to manage a HOA before I send out this letter. I can't figure out if they just stupid or they are dishonest. I think some of both.

I am planning to send a letter to the 4 committe members outlining the issues and requireing them to justify what they have done. I will also require them to commicate there position back to all owners.
there is only 9 homes up here and 11 lots. 6 of these people are very friendly.
( 4 of them have been on that board for at least 5 years) Trying to follow the meeting notes from one year to the next is like a moving target. nothing is consistant and doesn't follow any process. its just so wierd. one committe member is very high up in banking and two of those proxies are bank owned (not the bank he works for). I have been told that banks do not proxy votes. I have contacted the bank headquarters and have requested a formal reply to determine if the bank sanctioned proxing those votes. If they didn't then this action is very questionable. As I stated earlier when I ask for copies of those proxies the secretary isn't sure if he even kept them.

SusanW1 (Michigan)
Posts: 5,202

Posted:

"amendment" means change. So there could be amendments to the bylaws or the CCRs.

The minutes of the meeting should have ALL the information iin them. Get the Annual Meeting Minutes. The motion requiring homeowner's votes should be stated and the result of the vote count. (yes, they should state the actual tally)

It is not unusual for proxy forms and ballots to be destroyed after an election or motion UNLESS there has been dispute about the validity of the vote. But that needs to be done at that very meeting or very close to the vote.

You need to educate the small number of residents in your complex that they need to attend Annual Meetings or at least know what they are doing when they sign over their voting rights to another party.

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