Member Petition

Members filed a petition for an election to remove proxy voting for any reason except to establish a quorum
The Board sent out a notice of Sept. 10th for the meeting with ballots scheduled for August 10th.
The Board quickly put togethe their own Restatement of the CC&R's, Bylaws, removing proxy voting but
also significant changes in the governing documents.
The Board has now cancelled the member's election to remove proxy votes stating they are accomplishing
the same thing in the restatement.
Question - are the members entitled to go forward with their election?

Do you know if this is covered in the civil code Davis Stirling Act? We are in California.
The Board does not want to the members to eliminate proxy voting before the Restatement goes out because
the only way they will succeed if proxy voting is allowed. Many of our members are elderly and the Board
goes door to door to obtain their proxies, then dating them the day of the election.

Kathleen

Petitions means little to nothing. They are generally nothing more then memeber sentiments. Granted a BOD that does not apy attention to such is foolish but they generally do not have to act on such.

Your docs will tell you how to change Bylaws such as proxy voting.

I can pretty well assure you without proxy or absentee balloting, your association will come to a screeching halt. No changes will be made like them or not especially with older folks that neither understand nor want change.

You are being beaten at the game by the BOD and unless you get people on your side, the BOD will continue to control.

Proxies are dated and one dated later can override an earlier dated one.

Hope this helps.

Carol

We can discuss proxies versus absentee ballots but the OP has been outfoxed regardless of the type ballot used by the BOD that sent the "proxy/ballot" out and people went that way.

I think we can also agree without a form of balloting by those not at the meeting (unable to attend, apathy, to stupid to understand, whetever), little will/can be done as rarely will a quorum be obtained.

One reason I like proxies is they can be changed at the last minute to reflect what is happening verus ansentee ballots which once cast, are cast. Last minute changes like one person running ruled not eligible after the absentee ballots have been mailed/cast thus might not be counted.. I believe proxies can be more up to date but I will concede they could be manipulated some. Not legally manipulated, per se, but possible by someone smarter then another.

Not that it applies but,......hanging chad.....LOL

Carol. I think we can agree to disagree here. Not an issue as long as all can vote and no one stands in their way. Outsmarting someone is allowed and legal....LOL

Kathleen

My reading and of course I could be wrong:

Our by-laws state a petition for an election signed by 5% of the members must be acknowledged by the BOD.

Acknowledged does not mean acted upon.

Ms. Kathleen
We have received your petition.
We thank you.
PS...Not said...we will treat it with benign neglect.

My question is this. Is the BOD breaking an civil law by not following through with the Petition Election after they sent the notice and set the meeting date.

I say Bylaws are not civil laws and while they cannot override civil laws, they are not civil laws.

Kathlen. I am not saying you are right or wrong on the changes you would like to bring about. I am not saying the changes not deserved nor needed. What I am saying, is you are being outfoxed.

Hope this helps.

Petition of 5% of the membership? So all of 5 people?
I was expecting something similar to the bylaws in my HOA which allows a ballot issue for amending the bylaws to be presented and special meeting to be called upon receipt of a petition of >50% of the membership.

Is there a provision for a petition by a greater number of the members in order to force a vote? If so, why not talk to people about the concerns of proxy votes and explain to them how they're different from absentee ballots?

Kathleen, yes they were wrong to deny the meeting and vote, yes the petitioners have the right to call the meeting if the Board won't. BUT since they are apparently going to hold a vote to do what you wanted, why not wait a reasonable time to see what happens, rather than dividing the HOA? Now sometimes you have to but in this instance since they are going to do what you want and are evidently just trying to minimize the costs involved, one election rather than two, one filing if the vote is yes rather than two, in this case my advice would be to take the high road.

Special Membership Meetings

Who May Call a Meeting. As provided for in Corp. Code §7510(e), special meetings may be called for any lawful purpose by the following:

Directors. By the board, the chairman of the board, or the president.

Petition. By petition of the membership signed by at least 5% of the members. The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws. Members are restricted on the purpose of special meeting.

Others. By such other persons as are specified in the bylaws.

Setting the Date. The date of the special meeting is set by the board and may not be less than 35 nor more than 90 days from receipt of request. Corp. Code §7511(c).

Notice of Meeting. The board has 20 days from receipt of the petition to set the date and give notice of the meeting. If the board does not do so, the persons calling the meeting may set the date and give notice. Corp. Code §7511(c). If the board fails to give notice, the petitioners may give notice which is not less than 10 nor more than 90 days before the date of the meeting. Corp. Code §7511(a). However, the 10-day minimum was modified by Civil Code §1363.03(e), which requires at least 30-days of balloting. As a result, the meeting date must be at least 30 days from the date the notice is sent out.

Method of Notice. As provided for in Corp. Code §7511(b), notice may be given by any of the following means: personally, electronically, or by mail or other means of written communication addressed to a member at the address of the member appearing on the books of the association or given by the member to the association for purpose of notice.

Agenda. Notice of meetings must specify those matters that will be presented for action by the membership. Civil Code §1363.03(e). Business at the meeting is limited to noticed items only; no other business may be transacted. Corp. Code §7511(a).

Parliamentary Procedure. Membership meetings must be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt. Civil Code §1363(d).

Voting. Voting on issues may be done entirely through the mail without a meeting of the membership. If balloting is done without a meeting, a special ballot form must be used. A board or membership meeting is still required for purposes of publicly opening and counting the ballots.

In my last HOA (not my present one) I was unable to attend the annual meeting. I gave a General Proxy to a neighbor I was friends with and was comfortable with his views.

A General Proxy authorizes the holder to cast the proxy as he wants on all matters. Such as vote for anyone he wants to vote for running for the BOD. Vote what ever way you see fit on shall we say a specific Bylaw change.

A Directed Proxy directs the holder to cast the proxy as he has been directed (instructed) to cast it. Such as vote for only John Smith and Jane Doe who are running for the BOD. Vote as I tell you (Yea or Nay) on a specific Bylaw change.

General and Directed Proxies can easily fit on the same page and are usually a simple a matter of checking a few boxes.

Hope this helps.

Yes, Dave, once CA civil code required that HOAs permit absentee ballots as counting towards quorum in mid-'06 (no matter what individual Bylaws stated), no one in our HOA wanted a proxy any more. Voter participation did not change at all.