voting

Started by DorisB4 • 16 replies • 1873 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DorisB4 (Florida)
Posts: 3

Posted:

is this how it is done our board goes out and collect proxiys for them thelve and vote them self back in year after year. at the meeting they asked people to run but with the proxiys they have and the number of homeowner attenting the meeting to vote
new boardmembers will never have a chance to come in. what can i do we need a new board

BrianB (California)
Posts: 2,820

Posted:

Go get the proxies instead of letting the others do it.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Doris,

The members have the power to change broken HOA's but it takes the members to get up and out to make changes happen. Get candidates (apparently no one steps up now) get proxies before the current Board gets them, inform the entire membership that there will be a new Sheriff in town. It cannot change unless some get proactive. If this has gone on for years with the same Board, possible it is because no one else has done anything about it.

There is no magic wand to wave and make the old Board go away, there is no agency to call and make things change, it is only you and the other the members. Your members allow this Board to repeat over and over again so you need to place blame on yourselves.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Doris,

I go along with Brian. The new people who want to be on the board need to go out and get their own proxies. They need to convince homeowners why they should be on the board. If the homeowner has already signed a proxy, that shouldn't matter. Proxies can usually be revoked any time before the meeting and election. The homeowner merely needs to send a notice to the board revoking the earlier proxy and sign a new one.

DorisB4 (Florida)
Posts: 3

Posted:

I Thank you all, so i can asked people to run get their Names send it in and then they have to be put on the ballet before the meeting.Print out the peoples name and go door to door to tell that that are the people running for office and get the proxiys.Everytime we do that we are told we can do that from the borad

SusanW1 (Michigan)
Posts: 5,202

Posted:

Doris - you need to read your bylaws and find out HOW these proxies work.

There may be a specific form you have to use.

It sounds like these proxies are being signed away to other people to vote the way they want. So they are casting the vote for themselves.

Is the board sending out written ballots and the people have to return them? or is the vote only by proxy AND/or those who attend the meeting in person?

DorisB4 (Florida)
Posts: 3

Posted:

yes Susan by proxiy only

PeterD3 (Florida)
Posts: 708

Posted:

Get 50% +1 of the members(hip) to sign a recall. Name the replacements on the recall ballots.

VickiC1 (Texas)
Posts: 36

Posted:

MY bylaws have no provision for recall of a director--
an officer can be removed by the Board but not by the general assembly

yes--they are horrible bylaws and probably were enacted illegally but until we can prove they were we have to operate under them--

and our last election happened sort of like the OP's election--
and according to our bylaws once a proxy is given it is good for 11 mo--nothing to address voiding a proxy once given--

and I think they both may be against the TX statues for non-profic public corporations which our HOA is

JeanI (Louisiana)
Posts: 112

Posted:

It sounds as though you need to confer with an association attorney to help change your bylaws. You can eliminate proxies and change to absentee ballots. there is lots of good information on the favis-sterling website. JI

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By VickiC1 on 07/22/2011 11:33 PM
MY bylaws have no provision for recall of a director--

Vicki,

You should familiarize yourself with TX Business Organizations Code for Non-Profits. as this replaced the non-profit corporation act. Section 22.155 specifies that the membership may call a special meeting (which would be used for recalling the Directors) and section 22.211 specifically allows for removal of Directors by the membership:

(b)AAIn the absence of a provision for removal in the certificate of formation or bylaws, a director may be removed from office, with or without cause, by the persons entitled to elect, designate, or appoint the director. If the director was elected to office, removal requires an affirmative vote equal to the vote necessary to elect the director.
Here is a link to all the TX statutes

Tim

VickiC1 (Texas)
Posts: 36

Posted:

Tim
I found that site online and read the non-profit section but did not see the removal of directors clause that you so succinctly brought out...
Our bylaws have a very repressive 66% participation of all owners for members to initiate any petition or action against the Board--as in even make them have an open meeting to discuss an issue...
Does that mean under this non-profit code that we would only have to have the same number of votes s/he received at the actual election?
Say 24 vs the 66 which would be the actual bylaw %?
And if that is the case how would we find out that number except by access to past minutes with election tallys?

and if I knew how to buy you a steak dinner I would...

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By VickiC1 on 07/26/2011 6:36 AM
Tim
I found that site online and read the non-profit section but did not see the removal of directors clause that you so succinctly brought out...
Our bylaws have a very repressive 66% participation of all owners for members to initiate any petition or action against the Board--as in even make them have an open meeting to discuss an issue...
Does that mean under this non-profit code that we would only have to have the same number of votes s/he received at the actual election?
Say 24 vs the 66 which would be the actual bylaw %?
And if that is the case how would we find out that number except by access to past minutes with election tallys?

and if I knew how to buy you a steak dinner I would...

Vicki,

The answer lies in the section of the code that Tim quoted you:

"b)AAIn the absence of a provision for removal in the certificate of formation or bylaws..."

Your bylaws DO include a provision for removal and that number is stated as 66% participation of all owners. You have to comply with your bylaws.

VickiC1 (Texas)
Posts: 36

Posted:

Actually there is NO specific mention of how to remove directors/board members in our current bylaws

The original bylaws DID address that point and that section is just omitted entirely in the current bylaws--
a very glaring ommission when you compare the two documents

there is a current section that deals with removal of "officers" of the Board--which can only be done by the other Board members...not by voting members...

This is what current bylaws say about the 66% rule--

Special meetings of the members may be called by the President, the Board of Directors, or not less than two-thirds of the members.

So we would have to get 66% of the homeowners to petition for special meeting--but since there is NO specific provision in the bylaws for HOW to recall a Board member, I think they could argue that we have to wait for the next general election...
AND I know that was the intent of that ommission
--to prevent ANY recall of a serving Board member by the HOA in general--from a conversation with someone who was one of the original directors who created the current bylaws and who is still a serving Board member--the Treasurer

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By VickiC1 on 07/26/2011 7:59 AM
Actually there is NO specific mention of how to remove directors/board members in our current bylaws

Vicki,

As was pointed out, since there is nothing in your bylaws, TX code controls. Per TX code the membership may remove the director. With the expectation that any BOD might stall the meeting to have a recall election, TX code specifies that the membership may call the meeting.

Therefore, you have two options:

1. Request a recall and see if the Board will call a special meeting or wait for the general election
or
2. IN accordance with TX law, gather signatures and petition for a special meeting for the purpose of recalling specific board members.
or
3. Determine the amount of work involved in getting a special meeting is too much work and live with what you have.

Tim

VickiC1 (Texas)
Posts: 36

Posted:

I really appreciate your time and help with this--
that is basically what my husband and I and a couple of others thought but attorney we went to said the remedy was to file injunction and ask for hearing to request a new election be ordered...
we don't really want to advertise the fact that the HOA has become so disfunctional
We have been told that the Board is preparing a letter detailing a new election but have nothing specific--just vague promise it will go out this week...
I am just very suspicious of any action that this Board will take--since they are the ones who basically gave us these illegal bylaws and the illegal election...

I know the state code explains that proxies may be revoked--my bylaws never mention that--only that once given a proxy is good for 11 months--
so would the same principle apply--that anyone who has given a proxy for the 2011-2012 board election can revoke it and either vote themselves or issue a new proxy to a different party...

TimB4 (Tennessee)
Posts: 21,059

Posted:

Well your lawyer was going on the basis of challenging the election (and perhaps other things you brought up).

The recall process is based on accepting the results of the election and just removing the board for x reason.

Either one works but one could cost less money.

Tim

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →
⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement