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KellyT (Ga)
Posts: 25
Posted:
Hello,

So, last night we have our annual meeting and an election of board members. We made quorum (60% of the votes of the voting rights of members.)In person or proxy.

25 in person
9 General proxies
11 Limited (to vote for candidates only)
1 For a Quorum only

We had our election and then in open forum a member brought up a matter from the floor but, the vote never came to fruition (no one really seconded it and no votes were counted.)
However, someone said we wouldn't of been able to vote on the issue at all because of the limited proxies. My question: Would we have needed meet a 60% quorum in person and GENERAL proxy in order to vote on that issue.

Everyone on here knows how hard it is to make quorum and get anything done. We were blessed to have enough just to have the election to vote on a board. I just wonder, if we could have actually really voted.

Does this make sense?

Kelly

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kelly

So the question is do Limited Proxies count toward Quorum for matters other then what the Limited Proxies were limited to?

My initial blush is they were for limited to elections only.

KellyT (Ga)
Posts: 25
Posted:
I think you're right. Thank you. Might have to rethink limited proxies. However, it did help finally give us a quorum to at least discuss business and vote on new board members, which we are in desperate need of. We've had so many changes and resignations, I'm only one of two trying desperately to figure everything out and it is frustrating. Need an HOA 101 course,lol.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kelly

You also said a member from the floor brought up an item that was never voted on. Typically members from the floor cannot bring up items requiring a vote. They can only express an opinion and the BOD does not even have to respond.

I am not advocating ignoring people, but there are proper procedures in lieu of having a donnybrook.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kelly

The main reason I advocate the use of proxies is to get people involved who are unable/unwilling to attend meetings.

There is a lot of misunderstanding about and chicanery with proxies, but I like them.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kelly

no edit...

In SC, Articles of Incorporation allow for proxy usage unless ones Bylaws say otherwise.

CarolF (Florida)
Posts: 435
Posted:
I do not know if this is true for South Carolina, but in Florida the annual meeting is considered a "members meeting" not a Board of Directors' meeting. The election of officers takes place at the annual meeting. Something that a member brings up at the annual meeting might need to be addressed at the next regular board meeting. Would this issue be something that would be voted on by the board, or by all members?
CarolF (Florida)
Posts: 435
Posted:
Should have said the election of Directors takes place at the Annual Meeting. In our association, a meeting is held immediately after the annual meeting and the Directors elect the Officers among themselves.
RichardP13 (California)
Posts: 1,767
Posted:
In California, a member meeting, whether the annual meeting or a special meeting, is just that, for the members only. As in Board meeting, if an item is not on the agenda, it can't be voted on, it can be discussed. The agenda or notice is mailed ahead of time allowing the member to decide whether there is anything of interest to show up for.

Typically, the Board president will preside over such meeting, but the rest of the Board is not required to.

In my Bylaws, there is nothing to say that the election of directors has to be at the annual meeting, just says nomination forms are to be sent 60 days prior to the meeting in which the ballots are to be counted, no mention of an annual meeting. It only discussed the first annual meeting.

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