HOA Annual Meeting-Proxies

We have our annual meeting in a few weeks at our complex in New Hampshire. Many owners give their proxy to board members or other owners. This year, the meeting will probably be quite contentious and there are many owners seeking a seat on the board. The board recently sent the proxy which list the names of the seven board members to give your proxy by checking a box. There are a total of 104 owners. There is then a line at the bottom if you want to write someone else's name. Previously, the proxy only had a blank line which is fair. Board members' names were never typed on the form.

Five of the board members are running for re-election. It certainly appears that they are trying to control the vote and get re-elected by having other owners give them their proxy.

I believe this form is extremely discriminatory to other owners seeking election since their names are not listed on the proxy. This form says selcted one with the board members' name in "caps" then a blank line. It appears that the Board is involved in dirty politics and is self dealing. They claim that the form is legal per the Association's attorney. I strongly disagree as do others. What is your opinion?

Listing candidates on the ballot would not be unusual. Were other owners given the opportunity to nominate or get on the proxy before they were distributed?

Do your governing documents (by-laws, covenants) say anything about a nominating committee or any procedures for how the elections are be be held. Have you checked NH law regarding HOA elections? If no laws or procedures from your docs are being broken, then the process is probably legal, if not ethical.

The style of proxy your board is using is similar to what for-profit corporate America uses. I agree it is an effort for the present board to maintain control. While what the board is doing is legal, I would be unhappy. You have to hit the pavement and have people call members, to persuade them not to give their proxy to the incumbents.

The best run HOA election I have seen in my 20 years had online voting. Voting turnout was over 50% in a community of around 150 condo units, much higher than in previous years. For next year, lobby the board to use someone like https://www.theinspectorsofelection.com/start.htm

There are seven board seats. The candidates that have submitted their names were not placed on the proxy form to accept proxies. The current board members have their name on the board and five are seeking reelection.

It sounds like the board is trying to give the impression that the ONLY persons to whom a proxy may be given are the existing board members. Shady and underhanded, yes, but in all likelihood not illegal. One way to counter this is to circulate your own proxies with your name (or the names of other owners in your corner) listed as the person to whom the proxy is to be given.

If an owner submits more than one proxy the one with the latest date will supersede all earlier ones.

Check your governing docs and state law to be sure, but the use of proxies are fairly uniform from state to state.

We'd never have a quorum without them.

If your association allows proxies, does your association provide them at election time?

The seats are one year terms.

Per NH Condo Act, proxies must have a control # and the original has to be signed and returned. There are no absentee ballots.

According to NH Condo Act, the answer is yes, proxies delivered by the BOD must contain a control number.

I guess what is confusing me, control numbers aside, typically the latest proxy is the valid one.

BOD sends out a numbered proxy and it is returned by say owner John Doe dated 12/01. Now come voting time I show up with a proxy dated 12/15 from John Doe. I say my proxy, numbered or not, rules.

What am I missing here?

Can my later dated proxy use the control number? If so, not an issue. If not then I have an issue.

NH Condo Act

IV. (a) The votes appertaining to any unit may be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner, or, in cases where the unit owner is more than one person, by or on behalf of all such persons. A person may not cast undirected proxies representing more than 10 percent of the votes in the association. The proxy or proxies shall list the name of the person who is to vote. No such proxy shall be revocable except by actual notice to the person presiding over the meeting, by the unit owner or by any of such persons, that it be revoked. Any proxy shall be void if it is not dated or if it purports to be revocable without the required notice. The proxy of any person shall be void if not signed by a person having authority, at the time of the execution thereof, to execute deeds on behalf of that person. Any proxy shall terminate automatically upon the adjournment of the first meeting held on or after the date of that proxy. The board of directors shall deliver to the unit owners, together with their notice of meeting and agenda, proxy forms bearing a control number which the board of directors shall correlate to the list of all unit owners then entitled to vote. At the noticed meeting, the board of directors shall recover all proxies and compare them to the control list maintained for that purpose. Any proxies which are on a form other than that provided by the board of directors or which do not correlate with the control list maintained by the board of directors shall be disregarded for purposes of determining whether a quorum was present at the meeting and for purposes of casting any vote at that meeting; provided, however, this paragraph shall not apply if the condominium is comprised of time sharing interests.
(b) The board of directors shall retain all proxies delivered to the board of directors and all independent written confirmation of any such proxies for inspection by the unit owners for a period of not less than 3 years from the date of the unit owners' association meeting.
V. If 50 percent or more of the votes in the unit owners' association appertain to 25 percent or less of the units, then in any case where a majority vote is required by the condominium instruments or by this chapter, the requirement for such a majority shall be deemed to include, in addition to the specified majority of the votes, assent by the unit owners of a like majority of the units.
VI. If more than 50 percent of the votes are acquired by a single person after developer control is terminated, a 2/3 majority shall be required to change bylaws, budgets, and any contracted property management

Personally I have would have issues with the above bold. I do agree a person showing up and revoke the proxy is fine. My issue is I say proxies can be revoked with a later dated proxy. That said many have issues with how we do it in SC so to each their own.