Coup Coming at annual meeting!!

If your proxy presenters want specific people in specific positions, I don't see an issue with the proxy suggesting such. But, I think you're correct in saying such a strategy is all or nothing. Proxies are mini contracts that, in my opinion, must be followed as written and signed.

These disgruntled coup leaders do realize that, when elected, their complaint department becomes their individual bathroom mirrors? That can be most disappointing when unhappy residents take control and then realize they have to work for free.

Here's hoping the changes to your board are for the positive.

Susan

Rarely will enough actual homeowners show up for an election so in most (if not all of the ones I know of) proxies were the deciding factor.

To me:

1. It appears your faction has a slate of people they want elected. Members of your faction intend to show up and vote but you have not covered your bases If enough do not show to have a quorum.

2. The other faction seems to be working on a proxy for their slate and more then likely will win based on their work to collect proxies for their slate.

Now, what you can do?

I believe your factor can easily draw up a legal proxie and use it or obtain one from the BOD (or even a copy of theirs) and modify it (list your slate of people) for your use.

One can change their mind and submit an updated proxy which will cancel out their earlier proxy. Meaning they signed the other factions proxy but now they want to sign your proxy. This could get tricky in having a count the night of the meeting, but it can be done.

One can attend the meeting, pull their proxy, and vote in person.

Those nominated from the floor usually do not stand much of a chance especially if proxies play a role.

I believe a general proxy (no candidate names, no ballot issues, etc, on it) can be given to a person (like me to you) and you are free to vote whatever way you desire to vote my proxy. I also believe one can hold multi proxies (like several of us to you) and vote them.

Hope this helps.

Susan, will you let us know the outcome? Thanks.

Jay

That is my experience also. Homeowners elect the Members of the BOD and then the Members of the BOD elect the BOD Officers from amoung themselves.

Just got back from the meeting. Lots of yelling and confusion.

Lasted 12 noon to 5 p.m. - with 2 hours arguing about whether or not to accept the 13 ballots turned in before the meeting with the heading on them, Absentee Ballot. The board claimed they were not the same as a proxy. There were 15 forms with the heading, Proxy, and they were accepted. The board provided no ballot form or proxy form for the residents to use.

These votes did make a difference in the outcome. It was a complete coup - every member of the board, except the Treasurer, got booted.

The board - under pressure from the 65 people there - decided to accept the signed forms, even with the heading Absentee Ballot. People felt that the spirit of the form was the same as a designated proxy.

Our bylaws were written in 1948. We will set up a bylaw committee and try to change the entire election procedure, voting in 9 people and letting them decide who the officers would be., and firm up the proxy issue.

Thanks for the update, Susan. What an exciting meeting, which vividly demonstrates how homeowners truly can make a huge difference if they're not satisfied with their Boards!

65 showed up; how many units are in your HOA? That would have been a supersize turnout in ours of 200+! (Written ballots in CA. count towards a quorum of Members though, without the HO needing to be physically present.)

So, your current Bylaws don't require staggered terms for directors?

Sorry I didn't grasp this: are there 5 persons involved, or nine on your Board?

I wouldn't really call it a coup, I would simply call it normal voting. Many homeowners were unhappy, and wanted the current officers gone and voted for new people. If the rest of the homeowners disagreed, they would have shown up to vote. But they didn't.

This is how voting works. Not a coup.

Susan

It appears your docs do not call for a Quorum (even as low as 51%) for an election to. Is this true?

What % of homeoweners actually voted, no matter the ballot type?

Thanks

Susan,

It is very surprising that there isn't a quorum requirement that applies to your HOA -- either in your bylaws or the Michigan statutes. As I understand your situation, 2 homeowners could get together, call a meeting, and make policy.

Even if your governing documents are old, the concept of a quorum requirement to conduct business is even older and well established. This goes beyond just poorly drafted documents -- this is a dereliction of duty by the lawyers that established your association.

Susan

Personally I would not feel very comfortable when a Quorum is only 10%. That puts control in very few hands. 25 out of 250. Not thanks.

John,

Thankfully our requirement is only 10% as well (but we must have it for all meetings with a higher percentage to change the governing documents).

We average about 15% for the meetings (and that is with proxies). As with Susan's Association, this does allow us to actually get business accomplished.

I do understand your concern on low quorums. However, it's not the low quorums that places control in only a few members. This is caused by membership apathy.

Quorums don't prevent people from attending. Quorums only establish the minimum attendance required. Boards can only inform the membership of the meetings and provide options (proxies, vote by mail, etc.) if the member can not attend. They can not force the member to attend.

Personally, I'd like to see 100% participation. I'd be happy with 50%. I'm glad when we get 10% because this allows most business to be accomplished.