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BettyF2 (New Jersey)
Posts: 18
Posted:
I have been a member of a condo association for its 14 year existence. I was a board member for 9 years, and president for 3 of those years. I sold my unit 3 month's prior to superstorm sandy, and purchased a home across the street. since this time, I have had numerous requests for being proxy to those who cannot attend. I am very knowledgeable with their bylaws/master deed.
Today, I had proxy for 3 separate unit owners who could not attend, and a vote was being taken. I raised my hand to ask a question after the ballots were counted, and totally unrelated to the voting. The individual in front of me, turned and said, "you have no right to speak here, only to vote" in a very loud and condescending manner. I said I had proxy (which she knew anyway), and I had a right to also ask questions. She said, NO.

My question is: Do I have a right to speak during meeting discussions when I have proxy for an individual? Thank you.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Betty

I am not nor do I play a lawyer.

I say the answer in most corporations (which an HOA is) is yes, but also a proxy can be written to give you all the rights of a home owner which means speak and vote.

Something like...I the undersigned hereby grant So and So all my homeowner rights to act in my behalf at the so and so meeting on so and so date....

KerryL1 (California)
Posts: 14,550
Posted:
I know next to nothing about proxies, but someone else may ask: are you still an owner in the HOA? Even if not, someone else can tell you whether or not that matters.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am not nor do I play a lawyer but I did some looking. I believe the proxy wording to speak and vote must say:

the proxy holder is appointed with “full power of substitution.” Written notice of this substitution must be given to the Association’s secretary.
BettyF2 (New Jersey)
Posts: 18
Posted:
thanks for your comments. Each proxy provided the following text: I give X full proxy and ability to vote and speak on my behalf on any subject for the meeting dated X.

Prior to me asking a question, after I got ripped a new one, I raised my hand, and waited to be called upon by the President. My first question was, "do I have the ability to speak at this meeting?" and he and 3 of the other board members simultaneously said, YES.

I believe the individual who verbally attacked me ability to speak was even more angry when I was permitted to ask my pertinent questions.

I am no longer a unit owner of this condo association, but due to my expertise and knowledge of its bylaws, I have been called upon every month to represent some individual who is not able to make the meeting.

This subject has never come up in the past nearly 2 years since Sandy.
BettyF2 (New Jersey)
Posts: 18
Posted:
In addition, the attorney for the association has also called me for historical information in order to solve various issues, and also to help locate deeds, etc.
GlenL (Ohio)
Posts: 5,491
Posted:
Betty you have to understand that homeowners are people too, and there is always at least one pita (sorry John) in any group.

Studies show that 5 out of 4 people have problems with fractions
BettyF2 (New Jersey)
Posts: 18
Posted:
Hello Glen:
Can you please clarify what "one pita in the group" "sorry John" means?
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By BettyF2 on 09/06/2014 6:53 PM
Hello Glen:
Can you please clarify what "one pita in the group" "sorry John" means?

Pain in the a$$ - Someone who causes trouble, just to cause trouble. There is a poster here JohnB26 who changed his moniker to pita for a while.

Studies show that 5 out of 4 people have problems with fractions
BettyF2 (New Jersey)
Posts: 18
Posted:
thanks Glen:
Now I understand PITA.
BettyF2 (New Jersey)
Posts: 18
Posted:
thanks Glen:
Now I understand PITA.
BettyF2 (New Jersey)
Posts: 18
Posted:
thanks Glen:
Now I understand PITA.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
e.g.

a non owner resident is, in legal terms, a tenant (assuming they are not a squatter or trespasser or burglar)

the 'not on the deed' wife of an owner is, in fact, a tenant

a tenant may, or may not, actually pay rent

? how's the above for a PITA ?
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By BettyF2 on 09/06/2014 5:57 PM
thanks for your comments. Each proxy provided the following text: I give X full proxy and ability to vote and speak on my behalf on any subject for the meeting dated X.

Prior to me asking a question, after I got ripped a new one, I raised my hand, and waited to be called upon by the President. My first question was, "do I have the ability to speak at this meeting?" and he and 3 of the other board members simultaneously said, YES.

I believe the individual who verbally attacked me ability to speak was even more angry when I was permitted to ask my pertinent questions.

I am no longer a unit owner of this condo association, but due to my expertise and knowledge of its bylaws, I have been called upon every month to represent some individual who is not able to make the meeting.

This subject has never come up in the past nearly 2 years since Sandy.

Your expertise is irrelevant. Your non-ownership is irrelevant. You shouldn't have to defend yourself on either grounds.

The proxy speaks for itself. The proxy gave you the right to speak no matter who you are or what knowledge you have. The Pres gave you the right answer.

Some people are never going to get it. You might want to ask the Pres for something in writing that you can wave in the air the next time you are challenged.

Sikubali jukumu. Read all posts at your own risk.

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