Questionable proxy's

I don't know where to turn so I hope all the experience and knowledge of this board will offer some direction.

Our 114 single family home HOA had their annual elections this past Tuesday. The votes are being contested ( not sure exactly what this means ) as it appears the President had 19 proxys that were from the same homes as another board member. The 2 do not see eye to eye and each wants the other off the board. I am a rarity and attend most of the BOD meetings, and I feel we would be better off if the President were no longer on the board. Based on the dates on the proxys, the Presidents proxys were those that were accepted.
The problem is, it seems suspicious that all his proxys were dated the day of the meeting. That question was raised at the elections but the management company said all they could go on is what the proxy paperwork had as the date. Tonight a few homeowners (not me), including the board member mentioned above were able to visit and speak with 3 of the 19 that had questionable proxys. At one home, the wife signed a proxy for the board member and was dated the date it was signed, the husband signed a proxy for the president and has admited he left the date blank. At another home, the wife signed one proxy with her name and put the correct/actual date, the same person signed a proxy for the president but she signed her husbands name and left the date blank. I forget what happened at the 3rd house but it was also a proxy that the date was left blank. Based on this, I believe we have a valid reason to contest the election. The problem is, all 3 of the homes have said they don't want to get involved.
I honestly think this may be in part because the President has a reputation of targeting homeowners that do not let him do what he wants. A few years ago, he sat in his sheriffs vehicle at our entrance and stopped people to get proxys signed. The group including the board member are going to continue to visit the remainder of the 19 homes to see what they can find out about their proxys. But if those that left the date blank don't want to get involved, what can we do?

I know nothing about proxies, but note the rest of Glen's message: If the current president is reelected, the Board doesn't have to elect him president. They can appoint/elect a different director.

I hope someone had the good sense to file a complaint with the Sheriff's office. He was using official equipment and his position as an officer to intimidate property owners to act for his personal benefit.

Tim,

The three owners are just the first three contacted. There are 16 more owners to be questioned. There are a total of 19 proxies in question.

If I was the one making the decisions and I had questionable (and conflicting) proxies from owners who will not assist in clearing the air, I would not count the proxies. Too many questions and no answers. There is plenty of reasonable doubt about these proxies. If the candidates want to contest the results, they can find their way to the courthouse.

I think I would be more concerned about a sheriff or sheriff's deputy who appears to have questionable honesty or ethics.

Hi Steve,

Can't a member submit a proxy representation letter vs. using the form provided by the Association?

Steve

Let us say things are done as you outline.

Now on election day I (a fellow owner or not) show up with the following letter and I present it to the Election Committee.

I, Harry Smith, owner of Unit #123, hereby appoint Tom Smith of 345 Main St Anytown USA, to act as my proxy in the matter of BOD Elections at So and So Association.

Dated, Signed by and maybe even Notorized, from Harry Smith.

I would think it must be accepted over any earlier dated "official" proxy or lack of any proxy from Harry Smith. If not accepted, I say you could well have a "contested" vote from Harry Smith on your hands.

Out foxed is right. Now we need to figure out how to reduce the "gray" in our bylaws while he is President.

I like this option too. I am going to suggest it.
Right now things are getting more heated as my emails are going CRAZY with demands to the MC by a homeowner. This is getting volitile

One thing the military taught me, which has stuck with me all my life, is NEVER sign a document that has any spaces that are either blank or not crossed out.

Steve,

I'm confused. Are you voting by mail or by proxy?

Voting by mail of course would require mailing out ballots for the members to return by x date.

Voting by proxy just authorizes someone else to cast a ballot on your behalf (typically at a meeting).

Ahh, that helps me understand your earlier posting.

Its silent. Legally, if the landlords provide a legal method of allowing the renters to vote for them, a proxy, there is nothing we could do anyway. Personally, I'd rather see the renters involved with their community vs no involvement from landlords.

Yes, every HOA is different.

Yes, the bylaws do say owners have the vote and percentages. But many of the owners that are landlords assign voting power to the renters with a proxy. Nothing has changed in that matter. We recommend to landlords that they set their rent then add in the HOA dues on top of the rent as part of their monthly payment to the landlord. This gives the incentive to the renters to keep costs down, when voting for things they want, but also a pride in ownership.

Voting by mail is so much easier.

Yes, we do an annual meeting, but questions need to be submitted in advance to give time to research the answers. We would rather give a detailed answer than just tell them "we will get back to you, next question"