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JeanB9 (South Carolina)
Posts: 26
Posted:
My HOA By-Laws doesn't state anything about Write-In Candidates on a proxy ballot. In the years before 2010 all of the proxy ballots included a line for write-in Candidate. The BOD President says it was stopped in 2010. No Reason given but I am sure it was his decision to stop including. My HOA is in SC and according to everything I read (SC Laws about vertical property regimes and SC law about non profit corporations)to change voting it has to occur as an amendment to the By-laws.
Also, the BOD President said that nominations were closed on March 11th, so basically too bad. Also the BOD President is the Election Chair and his wife is running for office conflict of interest as Election Chair?
Does anyone have any experience or ideas on my info?
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By JeanB9 on 03/27/2013 10:21 AM
My HOA By-Laws doesn't state anything about Write-In Candidates on a proxy ballot. In the years before 2010 all of the proxy ballots included a line for write-in Candidate. The BOD President says it was stopped in 2010. No Reason given but I am sure it was his decision to stop including. My HOA is in SC and according to everything I read (SC Laws about vertical property regimes and SC law about non profit corporations)to change voting it has to occur as an amendment to the By-laws.
Also, the BOD President said that nominations were closed on March 11th, so basically too bad. Also the BOD President is the Election Chair and his wife is running for office conflict of interest as Election Chair?
Does anyone have any experience or ideas on my info?

A proxy and an absentee ballot are not the same thing. Absentee ballots are allowed only if they are authorized in your bylaws and are allowed by state law. A proxy is an authorization for a named individual (the proxy) to attend the meeting and perform the same actions that the owner could personally do if present. Proxies can be directed or undirected. If undirected, the proxy can vote for anyone he or she chooses. If it is a directed proxy, the proxy can vote only for the person or persons so designated by the homeowner.

Unfortunately, there are some boards and association presidents who haven't the slightest clue about corporation laws, bylaws, proper voting procedures, proper parliamentary procedures or anything else they should know to properly function as a board member or officer of a legally chartered corporation. They just make things up as they go along.
JeanB9 (South Carolina)
Posts: 26
Posted:
Bruce,
Our HOA sends out a proxy ballot, the proxy part is on the top and the ballot is on the bottom. These are then tabulated at the annual meeting. I think we should receive a separate ballot at the meeting.

Anyway, does anyone know if you can nominate a person from the floor for election at your annual meeting. I can't find anything in the HOA BY-laws that say not to this nor SC state laws.

How would you approach this at an annual meeting?
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By JeanB9 on 03/29/2013 6:16 AM
Bruce,
Our HOA sends out a proxy ballot, the proxy part is on the top and the ballot is on the bottom. These are then tabulated at the annual meeting. I think we should receive a separate ballot at the meeting.

Anyway, does anyone know if you can nominate a person from the floor for election at your annual meeting. I can't find anything in the HOA BY-laws that say not to this nor SC state laws.

How would you approach this at an annual meeting?

That sounds rather unorthodox to me, but I guess there are some associations that do it that way although it's not in any standard parliamentary procedure I've ever heard of.

Yes, ballots should be handed out at the meeting. That's the proper way. Absentee ballots should be secret and the only way to to that and verify that the ballot is from an owner is to use two envelopes. Ballots should not be combined with proxies. As I stated earlier, according to proper parliamentary procedure, absentee ballots should only be used if they are specifically authorized in your bylaws.

Again, according to proper parliamentary procedure, nominations from the floor are allowed. You won't find that in your bylaws or in state law because that's considered to be standard parliamentary procedure which should be observed, at least in some form, by every deliberative society. In fact, it's supposed to be an agenda item and the president should announce that nominations are open at which time members make their nominations (which do not require a second, by the way). A person could nominate a slate of candidates for the available positions.

As I said, this is all according to proper parliamentary procedure. Sorry to be blunt, but from what you've posted it doesn't appear to me that your president or your board has any understanding of parliamentary procedure. They appear to be just making things up. There are no rules or laws anywhere that I know of that say to do things the way they're being done in your HOA.

How would I approach it at an annual meeting? I would point out that according to standard parliamentary procedure nominations from the floor must be accepted. Unfortunately, I wouldn't expect your president to go along with that so you probably won't get anywhere. People tend to do things the way they've been doing it all along because, well, that's the way they've always done it.

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