Proxy found after meeting

Started by ChristopherB4 • 7 replies • 1477 views

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ChristopherB4 (Florida)
Posts: 2

Posted:

In Florida our HOA voted at a special owner meeting with most owners sending in proxies. The meeting was held, a call for all votes and proxies given, the votes were counted and the decision given and the meeting closed. Two days later the office found some proxies that the owners had put in the wrong envelope.

We thought these proxies should not be counted since the meeting they were for is over. Any input on how to handle these?

RichardP13 (California)
Posts: 3,868

Posted:

IF they owners put into wrong envelope, as the saying goes, too bad how sad".

AllisonD (Florida)
Posts: 449

Posted:

Quote:

Posted By ChristopherB4 on 11/24/2015 12:04 PM
In Florida our HOA voted at a special owner meeting with most owners sending in proxies. The meeting was held, a call for all votes and proxies given, the votes were counted and the decision given and the meeting closed. Two days later the office found some proxies that the owners had put in the wrong envelope.

We thought these proxies should not be counted since the meeting they were for is over. Any input on how to handle these?

Can you explain further? What do you mean they wound up in the wrong envelope? What envelope did they wind up in?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Christopher,

You are correct, the proxies should not be counted.

The Board could consider holding a new election due to this discovery. However, that would depend on if the proxies would have changed the outcome.

Additionally, the Board should take steps to ensure that this doesn't happen again.

I've often found proxies included along with assessment payments. This is why it's our policy that the mail will be checked prior to the meeting (after the PO closes) and everything received opened.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By TimB4 on 11/24/2015 3:29 PM
Christopher,

You are correct, the proxies should not be counted.

The Board could consider holding a new election due to this discovery. However, that would depend on if the proxies would have changed the outcome.

Additionally, the Board should take steps to ensure that this doesn't happen again.

I've often found proxies included along with assessment payments. This is why it's our policy that the mail will be checked prior to the meeting (after the PO closes) and everything received opened.

I don't see that an election took place in which the proxies were involved.

Your process may work if you are self-managed and have an office onsite. That doesn't apply to everyone.

ChristopherB4 (Florida)
Posts: 2

Posted:

To expand-- we have a sub association and a master association. Both had a vote on changing the bylaws with meetings a day apart. Most owners sent two proxies in separate envelopes. A few owners put both proxies in one envelope. Envelopes were opened and counted for one association on day one and final vote tallied. On day two second set of envelopes opened and a few proxies for first association found.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By ChristopherB4 on 11/24/2015 5:58 PM
To expand-- we have a sub association and a master association. Both had a vote on changing the bylaws with meetings a day apart. Most owners sent two proxies in separate envelopes. A few owners put both proxies in one envelope. Envelopes were opened and counted for one association on day one and final vote tallied. On day two second set of envelopes opened and a few proxies for first association found.

Would the found proxies have an outcome on the final results?

LarryB13 (Arizona)
Posts: 4,099

Posted:

By state law we do not use proxies but we do use mail-in absentee ballots. We send out the ballots with a specially-marked envelope. The ballot itself contains instructions to mail it back only in the marked envelope and the envelope has instructions to mail nothing in the envelope except the ballot. This way, we can assume that the envelope contains only a ballot and is not opened until votes are counted. All other envelopes are opened upon receipt.

If the OP's associations included specific instructions to mail the proxies back in separate envelopes then the found proxies should have been rejected due to failure to follow the election rules. Harsh maybe but that is the way the big boys do it. (I worked as an election inspector once and saw ballots rejected because they were marked with red ink, violating the black-ink rule.)

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