Not sure where to start...

I currently live in a neighborhood in NE Oklahoma. The homeowners association that governs our little community is registered with the state as a nonprofit corporation. Our history of HOA boards has been an effort in futility at best.
Currently, our board consists of a party of one. Close to 40% of the homes are rentals. Homeowner apathy abounds. A select handful is all that ever attends member meetings. In the past, all BOD meetings have been closed, as the general membership is never informed when and where they will be. The past year, a board of two is what has managed us the bulk of the year. There were additional members, but they resigned as they would not be a party to how things were being run.
The current board picks and chooses what bylaws and covenants they will abide by. Any others they create or amend on their own. Capital expenditures are decided and spent without consulting the general membership or the affected homeowners.
No BOD meeting minutes posted for 3 months, no monthly financial statements posted since July. Their idea of official notification to members is distributing handouts and putting them in the mailboxes. When confronted with the legality of that, the repsonse is there is no difference whether we or the postal service puts something in the mailbox. They intentionally schedule a meeting in conflict with the bylaws, to accomodate a single homeowner's schedule, then when the meeting takes place and a quorum is present, they cancel the meeting saying they did not meet the proper notification requirement as dictated in the bylaws. Then they continue with the "non-meeting" and conduct business such as calling for BOD nominations. They even go as far as saying to potential candidates that if you run for the board, this is the office you will have (treasurer, vp, etc).
Several members have encouraged me to run for office, but with the rampant disregard for simple rules and bylaws, my single voice will quickly be silenced.
As I type this, I can understand the reason for the apathy....

The apathy is the biggest problem you have - and unless and until the other homeowners (like those encouraging you to run) stand up and demand change, it won't happen.

Since you know who the one (or two) current board members are, get a petition going signed by your neighbors and deliver it via certified mail to those members demanding a meeting. If they ignore you, all of you might have to get together and have an attorney send a nastygram. And if that doesn't work, check your local laws to see what your options are.

It's been said that suing your HOA is like suing yourself and I agree, which is why I would explore all other options before going that route. Be sure to read your bylaws and CCRs carefully - you'll need to get the other homeowners to pull out their copies and take a look at them so you'll know what you're talking about. Especially if this does end up in court.

It may not be easy to make changes (it never is), but stay with it and it'll happen. When you get these folks out, be sure you replace them with people who will do what they're supposed to do. In addition to yanking the current board member(s) off, you'll need to get copies of all the paperwork so you'll know what they've been doing and how to clean it up. Good luck!

Terry one thing I would caution you about, don't expect to turn everything around at once. It didn't get in the shape it's in overnight and it won't get better overnight. You say in your post that the Board is down to one, so if you and someone else willing to work to turn it around run and are elected you will have a majority to start the clean up. How many are supposed to be on the Board?

BTW If the Board of one doesn't want to appoint you or hold an election, then somewhere in your CC&R's should be how to call a Special Meeting to force an election.

Can anyone provide guidance as to whether the proxy I have put together for use is a valid format? Thanks...

Terry

Several initial thoughts:

1. The proxy is to general. You could use it to vote any way on anything. Even if I suported you I would not sign one so general. Limit it to a specific task like electing new members to the BOD.

2. If the BOD finds a way to convene the meeting then delay to reconvene the next day then your proxies might not be valid after the original date of usage. Proxies are usually valid for one year unless otherwise stated

3. Some states do not allow for Email transmission. Mine allows FAXing but vague on Email transmission.

Hope this helps.

Terry

My bad. It does say for BOD Election.