Filing of Proxy's

Started by ReneeP3 • 5 replies • 1073 views

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ReneeP3 (South Carolina)
Posts: 42

Posted:

We're coming up to our annual meeting at which we're voting in 3 architecture committee people and 2 board members.

Our bylaws provide:
Votes may be cast in person or by written proxy. Proxies must be filed with the Secretary before the designated time of each meeting.

The designated time of the meeting is 7:00pm Monday 2/6/2017. So, if I walk into the meeting with 4 proxies at 6:59pm, according to the way I read the Bylaw, the Secretary would have to accept the proxy's as being filed.

However, the Board has issued a different set of rules for this vote:
Proxies must be received by Friday, February 3, 2016 for verification. Proxies will not be accepted at the meeting.

Can the Board create this rule without being in conflict with the bylaws? Am I reading this bylaw wrong, it's not a statement of when proxies must be filed, but in fact is giving the authority to the board to establish a date and time, which is how I think the Board is reading this.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Renne

I say if your Bylaws say:

Votes may be cast in person or by written proxy. Proxies must be filed with the Secretary before the designated time of each meeting.

then proxies could be submitted right up until the meeting is called to order. Not uncommon to delay the beginning of a meeting to verify things such as a Quorum, verify voters are eligible, proxies, etc.

I do not think your BOD is playing a fast one. They are just making time to verify proxies but technically they are wrong.

ReneeP3 (South Carolina)
Posts: 42

Posted:

For the longest time, I've tried to figure out if the Board was diabolically intelligent or well.....you know the opposite of intelligent.

I understanding wanting to verify proxy's, but this meeting is on Monday evening. Why cut proxy's off on Friday? We're less than 90 lots. We have a property manager that these are going to. She should be able to verify proxy's sometime during Monday by say 4:00pm. We don't have signature cards. The best we can do to verify our proxy's is simply to verify address and owner name. We have to create a member's list for voting as we've already established the record date of the meeting, use that list. 15 minutes tops for say 20 proxy's.

The last meeting was to raise annual assessments. The Board had requested that proxy's be sent to the management company. Well, having read the bylaws, I brought 4 in and handed them at the meeting. So, I'm pretty certain that this is directed to me.

I just don't understand why reading the bylaws is so danged hard for Boards. I don't like being a squeaky wheel.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By ReneeP3 on 01/27/2017 2:48 PM
For the longest time, I've tried to figure out if the Board was diabolically intelligent or well.....you know the opposite of intelligent.

I understanding wanting to verify proxy's, but this meeting is on Monday evening. Why cut proxy's off on Friday? We're less than 90 lots. We have a property manager that these are going to. She should be able to verify proxy's sometime during Monday by say 4:00pm. We don't have signature cards. The best we can do to verify our proxy's is simply to verify address and owner name. We have to create a member's list for voting as we've already established the record date of the meeting, use that list. 15 minutes tops for say 20 proxy's.

The last meeting was to raise annual assessments. The Board had requested that proxy's be sent to the management company. Well, having read the bylaws, I brought 4 in and handed them at the meeting. So, I'm pretty certain that this is directed to me.

I just don't understand why reading the bylaws is so danged hard for Boards. I don't like being a squeaky wheel.

If what you posted is as stated in your documents I would concur with JohnC46. He is from your state and would have the knowledge above most others. We understand most people do not like being a squeaky wheel and only want to insure their documents and what they purchased under is followed. We all in our HOA's really should be all for one and one for all. In most instances I think many of us on this site strive to achieve that goal.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Renee

Most Bylaws I have seen in SC allow nominations from the floor prior to voting. This will also cause a delay.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Renne

Typically committee members are appointed by the BOD, not elected via the owners.

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