Proxy via Email

i would say no... email headers can be easily faked, (i can fake an email in twenty seconds, with cut and paste technology only). To do a more legitimate version, you could use IPS addresses, but i doubt you will have good luck in that, especially if someone uses a wireless router or cable server.

Typically, you need a signed form to act as a proxy. The only way i can think to make an email work as a proxy would be for the board to set up an unknown to anyone code word, unique to each member. Then, only if that code were present in the email, could it be considered valid. The code on the email print out would be verified to the master code list at the time you register the proxies with the secratary, before the meeting. Only one person should have a list of the codes and members assigned, and that person must voluntarily agree before given the list that they will not vote any proxies.

The Boards proxy has two sections. The first asks them to grant their proxy "to approve the proposed annual budget and association fees as presented in the meeting materials. The only money issue listed is to "vote on the Board's recommendation for the 2007 annual budget and member fees of $215.00 per member." The second section is wanting proxy to "vote on any other matters."

This gets complicated because the neighborhood is voting on whether to implement mandatory dues. These have not passed and the voting is still going on but they're mixing the ways things have been done in the past and how they supposedly will be done if they do pass.

In the past the Board just announced we're setting dues at $130/yr (or whatever). People could either join that year or not so that was the check and balance in what to set them at. (Our fees are ridiculously low for this area) That in itself was a violation of our Bylaws (which do contradict themselves) as one section says the annual dues will be approved by the membership at the annual meeting. The only thing they mailed out to the membership in the past was a ballot listing those running for the Board, and now they're not doing that because they think it would be unfair to a person that suddenly decided to run. John Doe jumps up at the meeting and says, "Hey, I want to run for the Board too!" He suddenly becomes a candidate and the entire Board election is then decided by those present (<30 households) and the proxies held by the Board. So much for being fair to the other 230 households!

The proposed covenants say that if the budget isn't approved then the rate remains the same. But if the $215 fails then the Board will most probably then fall back and try to set a new higher rate using the "other matters" proxy. Even if the membership is allowed to vote on it, the Board may still manage to pass an increase thanks to the proxies. That may anger some residents but probably not enough to hurt the overall budget picture. Why would someone need to give their proxy to the Board to approve a proposed budget anyway? Wouldn't the simplest thing be to just ask the resident whether they want to vote for or against setting dues at $215?

This practice of picking and choosing which rules they want to follow, and making up new ones as you go along is becoming a joke. Isn't there some rule that proxies have to follow the majority vote of those present in a situation like that?

They make up the rules as they go along so if the $215 rate fails I can see them falling back to the "old ways" where the Board just sets the annual rate without asking the membership. And even if they do call for a vote then they'll use the proxies to make sure they outvote whoever opposes them. They should operate by the old rules until the covenants pass, which I don't think they will. Picking and choosing between the two ways of handling this is just asking for trouble. Time is short but I'm going after my own proxies from the residents.

Harold - Thanks for that info on AZ proxies. I've been trying to do some research on using email for proxy voting. It's done in some associations but whether they're doing it legally is another question. I was always under the impression that a proxy had to be for a vote on a specific item. Of course our Board has not defined any of the parameters for how they will use them so I'm expecting some abuse before it's over with. My proxy is going to address eight specific items. The ninth will also be "other matters" (if they can get by with it, why can't I?).

My plan is to use the "other matters" to keep the Board from blocking the proposal from getting to the floor for a vote. After that I call for a vote of the membership and then report the Yes/No votes as I received them for each item. Hopefully I can get them all passed but it I don't.... hey, that the way my proxy votes fell so I'll just have to live with. On the things that the Board brings up that I'm not prepared for I've asked some friends to run cover for me and also reel me in to keep me from doing something where I can be accused of abusing my proxies. They're not shy about telling people when it's time to shut up.

I modeled my proxy after some Pennsylvania examples. Seems to be a good example to follow.

i.e. - State the name, date, time, and location of meeting then

I (their name), a homeowner at (their full address), do hereby appoint RandalR to be my proxy, to vote in my place and on my behalf as though I were voting, at the 2007 XXX Homeowners Association Annual Meeting to be held on January 13, 2007 at 10:00AM or at any adjournment thereof, hereby revoking all previous proxies.

Signature of Homeowner__________________________

Date_______________________________________

Our Bylaws state, "In the absence of a quorum, a simple majority of the members present and duly submitted proxies shall be sufficient to fund the corporation." That's been interpreted to mean that as long as someone shows up, you have a quorum and can vote on anything and everything. We have 263 households but usually less than 30 are ever represented at the meetings.

Thanks, that will help me in drafing my own proxy request. The question has come up as to whether proxies can be all encompassing (as it appears yours and my Boards are) or should they only address specific issues? Is there a legal ruling on something like that or is it just another one of those large gray areas that vary from state to state? Should the proper use of proxies be specifically spelled out in the Bylaws or would that even help, especially when the Bylaws are considered suggestions instead of rules?

Randall, just a note of caution: refer to your covenant documents on 'proxies' to ensure to whom the proxies are to be given and if it is PRIOR to the meeting. Usually, they are to go to the Secretary.
So, if you yourself want to retain the proxies and bring them to the meeting, this may be looked on as a little suspicious.
Just check your documents on where the proxies are to be collected and counted and you should be OK.
PaulM