Can we make our own proxy?

In the fall of 2015, did you use a proxy form that the HOA issued?

What day is the election?

I would first ask the present Board when the proxy forms will be available. Document your requests for this information. If needed, send a certified letter to show you made this request. Meanwhile, check what your HOA's governing documents say on the subject. Typically a Board has to give at least 30 days notice on matters like this. Only if the Board does not seem to be interested in issuing proxy forms would I take matters into my own hands.

Hi Dennis, first, HOA governing documents usually allow voting by members (on myriad issues) only at the HOA's annual meeting. The law further requires that subjects on which members are to vote at the annual meeting must be put on the agenda, and the agenda must be distributed to all members well in advance of the meeting (typically at least 30 days). This ensures that all members have a chance to weigh in on issues. Proper "notice" of a meeting (including distributing the agenda in advance) is a big deal legally.

Second, for the annual meeting, one member serving as a proxy for several other members means the one member gets to vote on the myriad issues. Again this is as long as these issues were put on the agenda and "noticed" to all members properly.

Third, I think you are dealing with massive member apathy. It is so common nationwide. To me the apathy means that most members are fine with the status quo. The battle cannot be won, because the numbers for winning are not there. To me, for the most part, one should either accept the reality or move. On the other hand, you might be able to drum up interest. You did in 2015, after all, and it happens at many HOAs nationwide, via door-to-door campaigns, personal web sites discussing the issues, and so on.

Fourth, at this point, after three HOAs, my attitude is that, unless I want a significant volunteer job with much hostility attached to it, then I need to be happy with a lot of waste by an incompetent board of directors and possibly a manager who is self-promoting and playing favorites. I am presently on the board of my HOA. My 'personal accounting' leans towards accepting the power-hungry and incompetent types running such HOAs and not complaining. I believe that almost anyone who complains needs to be willing to step up and be on the board.

LOL. Our CCR and By Laws were written in 2000 by the developer. They are lean and obviously were written in favor of the developer at that time. There is NOTHING in them that discusses an Agenda and topics for discussion at meetings. I have for years suggested that we update our CCR and By Laws. Lots of things to be be amended, deleted and added. I've even provided the HOA BOD a list of some topics and possible wording for amendments. To date, 17 years later, we have not added a single word to either document.

As to the proxy. It is sent out about 2-3 weeks before the annual election in mid December. The language in it states that unless revoked, or attendance by the homeowner, sale of the property or death, that the proxies are good for a period of 11 months. I found wording like that in the GA Code so I guess that's why it's written like that.

Our HOA BOD does not follow the By Laws and do not run meetings per Roberts Rules (which our By Laws refer to in several places) I even purchased Roberts Rules for all new BOD members when they took over. The point is that they pretty much do exactly what they want. I or others can raise issues at a meeting but we don't have enough peoplein attendance to make a motion much less vote on anything because we are not even close to a quorum.

I have been asked to serve on the HOA BOD several times. I have avoided it for 2 reasons. First I'm nearing 72 years and 95% of our HOA are 30-40 year olds. I've done HOA's, PTA's etc from the 1960's on.
(I have volunteered for a number of one time projects for the HOA. Some took a week others took several months. Always turn in a written report and sometimes brief them is asked)

The other reason is that I'm a retired military pilot and I can be somewhat abrasive to many young people. I don't like people wasting time and money. Seeing us nearly deplete our Reserve Account over the past 12 months is shocking. What astounds me even more is that from what I see only 4-5 people are aware of it. So I'm trying to recruit people that will actually do something. I have tossed my hat in the ring this AM although reluctantly. I'm hopeful that a few others will take up the challenge. I've preferred dealing with small projects over the past years.

In my opinion we have a big legal case against not only the contractor of this messed up project but also the BOD for knowingly allowed this to happen. They were told by several HOA members a year ago that this guy wasn't licensed and never obtained a building permit. They did nothing. Perhaps I just need to go fishing ;-)
Thanks for your comments.
DennisG

Not to play lawyer but as I understand it:

1. You can make your own Proxy. You do not have to use the BOD's Proxy.

2. The latest dated Proxy is the one that counts. As an example. You could have used the BOD's Proxy and voted YES to something on 09/01/17. Then submitted another Proxy on 09/10/17 saying NO and the proxy of 09/10/17 is the one that counts.

Many BOD's use subterfuge concerning Proxies so people vote the way they want them to.

I would caution the OP that a Proxy cannot be used to open up voting nor discussion on something not on the agenda. They are not meant to make a meeting into a free for all.

For what it is worth, if the board is denying members correctly submitted requests for HOA documents, then this may be your strongest legal argument. Failing to properly notice meetings (including providing agendas in advance) is next in line.

Good luck getting the quorum. It can be done.

Thanks for the input. I just feel better if we follow the rules. Especially when it comes to construction projects. Now I pushing them to show me the documents.

A new certified letter was sent to the registered agent citing the GA state codes and identifying 23 specific items I was looking to review and copy (I'll pay for that). I do not believe most of these documents exist. If that is the case I expect them to say so.

My end game as I said a couple weeks ago when I first posted on this:

1. Require the HOA BOD to file a law suit against the "Contractor" for fraud, breach of contract, and what ever else is legit.

in order to do that the HOA MUST have a contract signed between the contractor and the HOA. I DO NOT THINK THEY EVER SIGNED ONE. if not;

2. File a Derivative Action Suit against the BOD. (Make good on our loss) If they don't respond we have the grounds for a law suit against them.

That is what I am looking for, either #1 or #2. We are out about $30K. We are a small HOA!

It's not like the BOD did not know this problem before. I sat in on a meeting with them in early July 2016 when members told them that the contractor was not licensed as a contractor, had it's corporate registration pulled, had no county business lic and had no city business lic. They had not filed for a building permit and had never had any phase on construction inspected. This happened while the "contractor" was till on site and then billed us another $7,000. And we paid it!!!

So asking to see the documents gets it started, one way or another. Thus far they have refused to show us anything. This is our first Certified Mailing to them.
DennisG

As a point of reference, in Florida there are certain items that must appear on a proxy (name, date, signature, lot number, address, etc. and it is THOSE THINGS which make it a "valid" proxy. In Florida, you can use your own proxy form. There's nothing that says you MUST use the one provided by your association's board. Proxies are a very simple concept. Unfortunately they are a source of confusion for many.

John. There is nothing hidden except the BOD not providing the documents surrounding the spending of about 3 times the original cost projected a pavilion. My questions about a proxy relate to insuring that we legally and professionally conduct ourselves as an HOA.

At this point, proxies are the only way we can garner enough votes to do ANYTHING. As I've said before the member attendance is usually 8-12 people per meeting. That is far lees then a quorum. Members have not voted on anything since around 2003. Why? Lack of a quorum.

The use of a proxy allows us to make motions and vote at quarterly meetings. Kind of like the absentee ballot. No hidden agenda. Most of our hardworking members in the community are focused on work and family matters. As one family at the end of my cul de sac put it a few months back. "We just want to pay our dues and be left alone." That pretty much says it all for about 98% of the 189 property owners. Apathy!

DennisG

Thanks. You are so right. We have slowly slipped into a state that most of our homeowners just want to use the pool, the playground and the tennis courts and be left alone.

I've recently thought about putting the house up for sale and going someplace with no HOA! I'm old and don't use any of the facilitates at all. My youngest daughter used to use them but she's off to a University and I never hear from her, unless she needs $$$. (Just kidding)

Apathy is the key word. A couple months ago another one of neighbors sent out a "wake up people" post on Nextdoor that lit people up for a day but then the monitor removed it and posted that it did not present a good, positive attitude and some people were "uncomfortable" after they read it.

He threw his hands up and called it censorship. I thought his post was spot on.

Appreciate your comments. I am hopeful we will replace the entire BOD in Dec. I have resisted running for reasons I've stated before. Last night another neighbor contacted me and asked I toss my hat in the ring.
Perhaps it's time to lead by example.
DennisG

Hey Dennis

Going through a similar experience. Wondering how this all turned out?

This conversation is two years old so you may want to start a new conversation with your questions. A lot can happen in 2 years, so even if this was updated, it still may not apply to your situation.

That said I think it's easier for the association to issue an official proxy that's been run by the association attorney so it'll stand up in court if challenged.