Proxy count in HOA

My community has HOA and our documents doesn't have any guide line on election procedure
we had election recently HOA attorney was present during election. I had 20 proxy in hand given by owners when I submitted those during election and asked for 20 ballots, she refused to give any ballot to me telling me proxy are only used to establish quorum and quorum is already established. Only present members in meeting can vote by ballot. she said it is by Florida Statutes
when i looked statutes the word proxy is included when counting votes, can someone tell me she is right or I start arbitration

(a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained. A meeting of the members must be held at a location that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting.

The proxy Holder may attend represent, with the full power to vote and act on behalf of the undersigned at the annual members meeting to be held on Tuesday Feb 28, 2017 at 6:00 p m in club house

Sounds like they had a poor attorney.

If desired, you could challenge any vote that took place.
This would be done through the courts.

However, first see if any vote would have been changed by 19 votes.
If not, then you may simply want to wait as legal challenges can be expensive.

If both sides agree, yes you can go to arbitration.

I'd suggest that you spend some money and at least have an attorney write a letter on your behalf requesting the arbitration. This can demonstrate that you are serious. The attorney should also know about any small details within applicable statutes.

There may also be a time limit that you have to challenge the vote.
Therefore, don't wait too long before making a decision on what option you may want to pursue.

Geno makes a good point.

You can't take legal action as you were allowed to vote.
The individuals who named you as their proxy needs to take action that they were denied the right to vote.

However, you may still be able to challenge the process as a member of the Association who witnessed the issue.

Are you an HOA or Condo? If I look at the FL statutes for HOA it states:

(c) Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.

Someone from FL could maybe a question as Surrender while voted did have proxies and was not allowed to vote per the proxies. That vote per the statement by Surrender would have had a different outcome and which affects Surrender's rights as a member of the association. Therefore, I am not seeing where Surrender cannot submit for dispute resolution via the binding arbitration with the division?

As long as everything was followed with regards to the proxy via the documents and state laws, then the OP as a member should be able to dispute a potential unfair election and votes not allowed to be cast. To me it not only violates the OP's rights, but also the members who freely gave the OP their proxy to cast their votes and who also were denied their rights.

attached black proxy, they all were executed correctly wit owner name sign and date and I have saved all mailing envelopes

DBPR handles HOA arbitration cases ONLY for election and recall disputes. For other HOA disputes the DBPR has no jurisdiction but from what you've described I think what you have is clearly an "election dispute".

From FS 720.306(9)(c)

"Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division."

See "The Arbitration Rules of Procedure Governing Recall and Election Disputes in Homeowners' Associations". Those rules of procedure tell you where and how to file your dispute for arbitration.

If I was in your shoes I would first (if you are within time limits of when need to file arbitration ... as someone noted is potentially 60 days) I would send a letter to the HOA Board via "Certiffied Return Receipt" that the election was improper due to you were not allowed via the governing documents and state law to cast your proxy votes. And because if you had been allowed to cast your proxy votes the election would have had a different outcome with the 19 proxies you had for the meeting. See what they say ...

In meantime you can do the paperwork for arbitration in case that is the road you want to pursue. If you need help you potentially need to check around for a local organization or attorney who can help you. If you do the paperwork and just have an attorney review it can help you reduce cost.

Bylaws does not say anything about proxy
Proxy clearly says proxy holder can vote on behalf of owner