Soliciting proxy votes by current board members in an HOA

Started by CarolM8 • 4 replies • 1890 views

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CarolM8 (Florida)
Posts: 2

Posted:

Please help us with any law in Florida. Broward County, that forbids currents board members from soliciting proxies. Our present board knocks on doors and asks homeowners to just sign the proxy and they will fill it out. I find that on the unethical side. This way they, the present members can retain their positions and bar anyone else from being able to join the board. How can we stop this procedure?

CarolM8

FredS7 (Arizona)
Posts: 927

Posted:

On the contrary, I find that to be appropriate campaigning.

Besides- a proxy can be revoked later, or the homeowner can come to the meeting.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Carol,

You can't stop this practice. However, you can use the same practice yourself and knock on doors to solicit proxies that name you as the proxy representative. If you collect enough proxies, you might even be the one controlling the vote.

Please note that there are two type of proxies, general and directed.

A General Proxy simply identifies someone to represent and cast a vote for a member at the meeting. The proxy representative is free to cast that vote how they desire. This is the typical type of proxy solicited by Associations.

A Directed Proxy identifies someone to represent and cast a vote for a member at the meeting. However, it also instructs the representative to cast the vote a specific way (yea for x, nay for y, etc.).

In my opinion, if an individual member is going to name the Board as their proxy representative, that member should use a directed proxy.

BrianB (California)
Posts: 2,820

Posted:

what is unethical about someone going to personally meet with an individual and saying "hey, if you are too busy, lazy, unconcerned, or apathetic to give a crud about the largest economic contract you are currently involved in, would you mind giving me your power to vote, as I see fit?"

The person with the vote has the option of saying "no", i assume. Or, they can fill out the proxy and say "Hey, thanks! Here's my vote, please carry it to the meeting and cast it for me. I am informed of the ballot and candidates, I wish to vote for the people marked on it." or "Hey, thanks, you are right. I am an uncaring idiot. Go ahead, here's my signature, vote however you like for whomever you like, in my name."

KevinK7 (Florida)
Posts: 1,343

Posted:

The only thing unethical I would see is if the proxy votes state only a board member can be a proxy.

I agree with other posters and suggest you go after the board members and get new proxies. Not only would it put you on the same playing field, any proxy that you gather after the board would in effect in invalidate the previous proxy.

What exactly is the issue at hand? What are they collecting proxies for?

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