HOA Election, what can be done.

Started by LarryS14 • 7 replies • 1725 views

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LarryS14 (North Carolina)
Posts: 2

Posted:

We have our election next month. The Management company sends our the notice and proxy vote that only includes one persons name. The past few years many owners are off site, and are renting their properties.
The management company informed me that "It was the attorney for the association who composed the proxy and it is
perfectly legal. The reason for placing a default name on the proxy (Board
President) is that many times homeowners simply sign and return the proxy
without inserting a name. The result was that many proxies were then invalid.
All homeowners have the ability to assign the proxy to anyone of their choosing". This is not the case and appears to be unfair to me and many other homeowners. Is this really fair and legal ? Also the President is not elected by the community, but once the board is elected they pick the Pres. The community is not pleased with the choice.

RogerB (Colorado)
Posts: 5,067

Posted:

LarryS, I strongly agree with you. I suggest you notify the Board of Directors that they should include a statement with the notice of meeting and proxy which states "Members who can not attend the meeting may nominate anyone they chose to represent them as their proxy (or may enter 'the Board of Directors' which may only be applied for the purpose of being represent only to count towards achieving a quorum)". Furthermore, I believe the policy being used by your association should be changed to leave a blank underlined space for the name of the proxy. Yes, if the space for the proxy's name is left blank it is not a valid proxy but that is more acceptable than the abuse which can come from your current proxy procedure. Also I recommend limiting the number of proxies per unit owner so one member can not have a controlling influence in the voting.

PamelaM5 (Florida)
Posts: 85

Posted:

I don't quite understand your objections. The proxy doesn't vote for them - he or she is just sort of a stand-in for their missing bodies and has no real power.

What are you concerned will happen?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Pamela:

This issue varies depending on the State's statutes. In the OP's state the statute in part states:

(b) Votes allocated to a lot may be cast pursuant to a proxy duly executed by a lot owner.

Therefore, who ever is designated proxy can cast the votes.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Larry,

We include a statement on our proxy form that if no name is filled in that the individual is naming the BOD to represent them. Our Board, prior to the general meeting, will then pass a resolution on how any proxies controlled by the board are to be voted as this eliminates one individual from the board (secretary, president, etc.)from having an undo influence of any issue on the ballot.

There is no requirement that an absent owner uses the form provided (granted most do).

Tim

LarryS14 (North Carolina)
Posts: 2

Posted:

Our proxy reads like this. The undersigned, pursuant to the Bylaws of the Assciation and pusuant to Norht Carolina General Statute 55 A-7-24 does hereby appoint ( Has Pres of the Board name) to vote or otherwise act for the undersigned owner at the meeting of the Membership.

This give a unfair advantage to this person, and his hand picked group. Then they only meet with membership once a year, at election time. Make all decisions for the membership. Homeowners have complained about this for years. This person makes decisions on what he thinks is important or serves his purpose, then when it comes to owners getting maintance done correctly on their property, we are told, we don't have the money for that.

It took me from 2009 to the end of 2010 to have work done properly. I had to fight this person, get a court case to have this work finally done.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By TimB4 on 03/30/2011 7:13 PM

There is no requirement that an absent owner uses the form provided (granted most do).

As Tim stated above you could do a proxy with the same language and designate whom you choose. Campaign to get all other homeowners who also have a problem with this issue, to also do their own proxy or give them a copy of the one you make with a blank line for them to fill in the proxy name.

Just an idea ...

PatriciaC3 (North Carolina)
Posts: 8

Posted:

I'm also in NC and we have a similar problem. Right now our Board has sent a member's meeting notice (two months late) with a proxy assigning the "Board" as the proxy holder.

We have so many more problems with our Board that there are too many to list here. Let's just say, the whole meeting notice has illegal instructions within it.

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