proxies

Started by KathyB13 • 12 replies • 2945 views

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KathyB13
Posts: 18

Posted:

My HOA has passed out 3 different proxy forms in intervals! Four of us are trying to unseat the current board for questionable practices. We have gathered a lot of proxies from our community. But after we did that, the management company mailed a 2nd proxy with a ballot of 7 nominees, instructing homeowners to vote for 3 only. Then 4 days before the annual meeting, SOME but not ALL homeowners received a 3rd ballot with 3 more nominees and are instructed to vote for 5. This, in my opinion, disenfranchised all the people who either submitted proxy 2. In the original notice, we were told that nominations must be submitted by a specific date, indicating in my mind, that nominations would be closed after that date, but they have added extra names and niw say they will take nominations from the floor.The management company they just hired is awful, and the property manager refuses to hear reasoning. Help! Our annual meeting is in one day. Any suggestions??

TimB4 (Virginia)
Posts: 20,986

Posted:

Kathy,

The proxy with the latest date is the one that counts.

Therefore, go collect proxies.

KathyB13
Posts: 18

Posted:

There isn't enough time now. We already have knocked on every door gathering proxies fro this meeting, only for them to be changed onus. I would think they have to honor the very first one. ??

JohnC46 (South Carolina)
Posts: 14,230

Posted:

Kathy

As Tim said the last signed Proxy is the valid one. As if on o4/01 I sign a Proxy say voting for John Doe to fill a position. I then sign another Proxy on 04/15 saying I vote fr Sally Brown, then the last one (voting for Sally Brown) is the valid one. The way to beat a Proxy is with a Proxy.

A Proxy signer can show up at the election, withdraw their Proxy, and vote in person.

BOD nominations from the floor prior to voting are very typical. In our last election, 5 were on the ballot for 5 positions. At the last minute two more were nominated from the floor. One of them was elected.

KathyB13
Posts: 18

Posted:

Yes, I understand the last proxy signed is valid, my point is some homeowners have been disenfranchised because if they provided Proxy#2 to their neighbor, and proxy#3 has additional names they were unaware of, then proxy#3 is not legal. Right or wrong?? Why have parliamentary procedures if they are not followed? They closed the nominating process on March 1 and then opened it up again on March 6. unbeknownst to anyone but the Board and the additional nominees.

KathyB13
Posts: 18

Posted:

JohnC46 (South Carolina)
Posts: 14,230

Posted:

Kathy

In your example if I signed #2 then at a later date I signed #3, than #3 is my Proxy and the one that should be counted as mine, even if different from #2. #2 and #3 Proxies do not have to be the same. I could hand write a Proxy on toilet paper and it is valid.

BOD's often try and use "their Proxy" either out of ignorance or deceit. My experience says it is mainly out of ignorance, not deceit. Personally I love Proxies.

Your BOD may have been correcting a mistake by reopening nominations that they had prematurely/incorrectly closed.

KathyB13
Posts: 18

Posted:

Yes I understand that , however the community has not all received the same proxy. They sent some homeowners the proxy with 7 names and said vote for 3. They sent other homeowner the proxy and ballot with 10 names and said vote for 5. Everyone has something different. They did not provide each homeowner a new proxy. See what I mean?

LarryB13
Posts: 4,089

Posted:

Kathy,

No one is obligated to use any of the proxy forms distributed by the board and/or MC. You can make up your own form and solicit signatures.

The proxies so far are, I believe, "directed" proxies, meaning that the person who signs it is directing the holder to vote for specific candidates. You can also draft a proxy that allows you to cast someone else's vote however you see fit. That would take care of that nominations-from-the-floor problem.

Keep in mind that my knowledge of proxies is pretty sketchy because they are not allowed in HOA voting in my state.

TimB4 (Virginia)
Posts: 20,986

Posted:

Kathy,

Can you update us on what happened at the meeting?

Tim

KathyB13
Posts: 18

Posted:

It was a chaotic mess! The PM was horrible and a past President was asked a question and she would not allow him to answer. She didn't bring enough ballots so we had to write our selection on the back side of the proxy. She briefly talked about the ballots being messed up, and one apparently was emailed, but most of us did not receive it. I couldn't even tell you what she said, other than it was her fault and not the Boards..We decided to let the election go on without the issue being questioned , just to get it over with. There were 4 of us working this, and we all had the same support. Three were elected, I was not. The PM was handling all the proxies while the meeting was going on, and no one was overseeing what she was doing. She kicked 5 back to my friend with big QUESTION marks on them, she hid the sign in sheet from us. She would not allow us to check the proxy names off the attendance list. It was the worst HOA meeting I have ever been to. I am a 30 year Property Manager, including HOA'S. This board has changed our by-laws, and just like Congress, we will never get them out. They have changed everything. The PM even stood and told the room that our Plat Covenants are no good. They were just something the Developer provided to the city and they are unenforceable. So now everyone can have their mini barns and above ground pools! Even though they say they run with the land for 25 years.. we will be selling our house because they have also decided to let our pond dry up, rather than keep the pump running. I NEVER WANT TO LIVE IN ANOTHER HOA NEIGHBORHOOD IN MY LIFE! They are destroying my property values without a care in the world.
I have no choices here.

TimB4 (Virginia)
Posts: 20,986

Posted:

Kathy,

Thank you for the update.

I'm sorry you are experiencing what you are experiencing. It's got to be more of an issue for you because you understand how things should be ran (being a previous PM).

Fortunately, three of you were elected to the Board. It may take time, but things may be able to slowly change. Next year, if a couple more can get on the Board, changes can happen more quickly.

Tim

RaymondS2 (Maryland)
Posts: 39

Posted:

Quote:

Posted By KathyB13 on 03/11/2016 10:45 AM
It was a chaotic mess! The PM was horrible and a past President was asked a question and she would not allow him to answer. She didn't bring enough ballots so we had to write our selection on the back side of the proxy. She briefly talked about the ballots being messed up, and one apparently was emailed, but most of us did not receive it. I couldn't even tell you what she said, other than it was her fault and not the Boards..We decided to let the election go on without the issue being questioned , just to get it over with. There were 4 of us working this, and we all had the same support. Three were elected, I was not. The PM was handling all the proxies while the meeting was going on, and no one was overseeing what she was doing. She kicked 5 back to my friend with big QUESTION marks on them, she hid the sign in sheet from us. She would not allow us to check the proxy names off the attendance list. It was the worst HOA meeting I have ever been to. I am a 30 year Property Manager, including HOA'S. This board has changed our by-laws, and just like Congress, we will never get them out. They have changed everything. The PM even stood and told the room that our Plat Covenants are no good. They were just something the Developer provided to the city and they are unenforceable. So now everyone can have their mini barns and above ground pools! Even though they say they run with the land for 25 years.. we will be selling our house because they have also decided to let our pond dry up, rather than keep the pump running. I NEVER WANT TO LIVE IN ANOTHER HOA NEIGHBORHOOD IN MY LIFE! They are destroying my property values without a care in the world.
I have no choices here.

WOW!!! Welcome to the HOA world! Sounds that your HOA is as messed up as mine which is as messed up as 90% of the HOA's country wide.

In a perfect world, everyone would follow the written law instead of always trying to rewrite the law for their benefit. But so does Congress.

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