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SherrieL (Colorado)
Posts: 22
Posted:
Scenario... we did not have a quorum at our HOA meeting in order to vote for a new members. So the management company sent out a form that said to vote for 3 (we need to vote for/upon 3), listing 2 existing members willing to stay on and 1 blank for a write in vote for the 3rd with no place for signature or any identification (and no proxies). Board memebers started receiving calls from home owners as to what they were to do, some sent in with only one checked, misunderstanding form etc. When we questioned this proceedure, this was our answer from our community manager;

" At the annual meeting we decided to vote by mail. Voting by mail, per Colorado law, has to be by secret ballot, which means they do not disclose their information. Proxy's are only used for quorum and voting at an actual meeting. Most homeowners usually have no idea who they are voting for and sometimes don't vote at all or only vote for 1 person. All it will take is 1 person voting for each candidate and that person will be elected to the Board. Any one person doesn't need a certain # of votes to be elected.

Sorry it has been confusing. Please let me know if there is anything else I can help with. ??? Management"

Currently we do not have any contentions that I know of (as president of our board) but it appears to me that this is unfair to the homeowner and in times of dissention it could be misused. If I see this wrong... please explain how this works to the homeowners advantage. I have asked where this Colorado law can be found, but no answer as of yet.

Thanks for your help in advance
SherrieL
RogerB (Colorado)
Posts: 5,067
Posted:
Sherrie,
I think your "Management" is not following proper procedures. Check your Bylaws. I'd bet they state what to do if a quorum is not present. Such as: the annual meeting must be recalled with 50% of the original quorum requirement necessary. If the Bylaws are silent on this matter then refer first to the Colorado Nonprofit Act regarding the requirement for annual meetings of a corporation. Your Agent's interpretations and suggested procedure could have resulted from an obsolete portion of the Colorado Common Interest Ownership Act.
SherrieL (Colorado)
Posts: 22
Posted:
Thank you for your reply!
SherrieL

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