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GaryR6 (Connecticut)
Posts: 33
Posted:
In March 2011, the unit owners signed a petition to call a special meeting to remove 3 board members with more than 20% of the owners signatures required by our bylaws and CT Common Interest Ownership Act. The secretary did not recognize the petition that was sent certified by US mail and signed for. We, the unit owners after 15 days sent our own notice with the date,time and location of the special meeting for the removal of three board members, president, secretary, and director - without cause--. On the day of the special meeting the now voted off president refused to allow the unit owners in the meeting room to vote---we conducted the meeting outside. The majority votes were 74 to 6 with 1 abstained. A certified letter was snet to the board detailing the outcome and entitling the remaining board to copies of the voting materials. The remaining board did not acknowledge our letter. The attorney that we are presently consulting with requested that we remove the remaining board with the same procedure. We have just sent the certified copy of the petition to the remaining board members to call the special meeting. According to CT statutes we have 15 days to receive a notice for a called meeting, we the unit owners do not expect a response so we are preparing for this

1) We have sent notices to all unit owners requesting anyone wishing to be put on the ballot to be voted on as a
replacement to contact a certian individual and leave their name.

2) The design top of the ballot calls for the removal of the remainder of the board and the bottom lists the
names to be voted on as replacements.

3) Our attorney---(not the associations---she is ignoring us)----wants the results on 5/10/11 the day after the
special meeting. our attorney will handle it moving forward.

Are we entitled to prepare proxies for this special meeting? if so, how do we list the names of the replacemts on the proxy?

Any other advice would be greatly appreciated.

Gary
TimB4 (Tennessee)
Posts: 21,059
Posted:
Gary,

I've attached an directed proxy we used for our annual meeting (note: removed names, etc.). Hopefully you can modify it for your use.

I would also advise you to send copies of any and all letters, notices, results, etc. surrounding this issue to the Associations lawyer and the Associations registered agent (if they are different). This way, if you need to take the issue into court, it will be harder for them to say xyz didn't happen.

Tim
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JanetB2 (Colorado)
Posts: 4,219
Posted:
Nice form Tim hope you don't mind if I saved a copy in my files too.

Gary ... the only item I would recommend is to add a Date Line by the Signature Line. I did not check your statutes, but some states require the owner to sign and date so better to be safe and include just in case or check with your attorney to see if required.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Janet's right. A date is a good idea - think I'll use it for our next meeting.

This way if more than one proxy form shows up there may be a way to identify which was the last one signed.
GaryR6 (Connecticut)
Posts: 33
Posted:
thanks Tim:

The problem with the proxies is that my name will be on as a replacement----does that matter if the unit owner gives them to me to give to the individual holding them until the date of the special meeting?

Also, in CT we are allowed to send letters by electronic mail---meaning thru the internet---I have sent the board thru US mail cetified/e-mail-----should I send the associations attorney thru the e-mail---I will have a receipt of it being sent---she refuses to accept our winning.

thanks
Gary
TimB4 (Tennessee)
Posts: 21,059
Posted:
Anyone can be a proxy representative. You having the proxies should not be an issue.

I would send everything to the Board and Associations attorney via certified mail. Although e-mail can be used, it's more difficult to say who specifically got the info. I know it's more expensive to use certified mail, but it's probably safer.

Tim

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