Elections by Proxy

Started by RoseF • 11 replies • 1037 views

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RoseF (North Carolina)
Posts: 10

Posted:

Our annual meeting was attended by about 17 people - a lot more than usual (125 units). When it was time for elections it was a total FUBAR. There were several nominations from the floor, but the 'winner' was 'elected by proxy'. The proxy form sent out by the Management Company named the HOA President as the proxy. So her (via proxy) choice of new board member (a person unknown by most of us)guaranteed a win. The people nominated at the meeting were just told - sorry - 'he' was nominated by proxy. Is this legit?

TimB4 (Tennessee)
Posts: 21,059

Posted:

If you have nominations from the floor, then there is also a write in space on the ballot.

Anyone, including the proxy representative of other lots, may cast their vote for a write in candidate.

Hopefully, everyone was provided the name of all the candidates at the meeting.
If not, then that would be a concern.

The way to fight a proxy battle is to knock on doors and have those who are not attending to name you as their proxy. This way, you might be the one controlling the vote.

RichardP13 (California)
Posts: 3,868

Posted:

NO, the best way to fight proxies is to eliminate them completely. Eliminate quorum for the election of directors and have the person who worked the hardest be in a fair fight.

Who determines that the president is named by the management company as the proxy holder.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Rose

Was it legit? More then likely it was. What happened is some voted by Proxy and the Proxy's named the current President.

You could have a scenario where there were more Proxy votes then those actually voting in person at the meeting. This happens all the time. It is all in knowing how to use a Proxy.

ArtL1 (Florida)
Posts: 140

Posted:

Quote:

Posted By TimB4 on 12/14/2017 7:37 PM
If you have nominations from the floor, then there is also a write in space on the ballot.

Anyone, including the proxy representative of other lots, may cast their vote for a write in candidate.

Only if their bylaws or state law allow for use of general proxies for election of the board. i.e. My bylaws specify we can only use limited proxies. A limited proxy removes "choice" from the proxy holder...they simply have to vote as instructed by the proxy.

BenA2 (Texas)
Posts: 1,273

Posted:

Assuming that your governing documents don't prohibit it, proxies are generally allowed. My concern would be that the form named the proxy when the proxy should be named by the member. Did they have a choice or was the president the only proxy option? Was it clear they were giving their vote to the president? If not, I think it may be in violation of SC corporation code SECTION 33-31-724 on proxies. http://www.scstatehouse.gov/code/t33c031.php but that is a question for an attorney.

BenA2 (Texas)
Posts: 1,273

Posted:

SECTION 33-31-724. Proxies.

(a) Unless the articles or bylaws prohibit or limit proxy voting, a member may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an attorney-in-fact.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Ben

The OP is in NC, not SC. Two different states.

SC allows General and Limited proxies plus a hybrid of the two.

A general proxy is written in such a way that it gives the proxy holder the right to vote as he or she sees fit. A limited proxy tells the proxy holder the way to vote. The proxy holder is legally required to cast the vote the way he has been designated by the member.

Our BOD/MC send out a Proxy with the notice of The Annual Meeting. It clearly states that unless a specific Proxy Holder is named (such as Paul Smith), the Proxy is given to the President of the BOD. It is also clear that the Proxy can be used to establish a Quorum and without this, we might not have a Quorum.

Personally I love Proxies, but I realize few understand them and many misuse them to trick people.

RoseF (North Carolina)
Posts: 10

Posted:

Since the proxies were neither announced nor certified during the meeting, as per the bylaws, the 'election by proxy' was not valid. Not that it will make a difference.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Rose

What do you mean by announced? Also what do you mean by not verified?

RoseF (North Carolina)
Posts: 10

Posted:

Your guess is as good as mine - our bylaws for the Annual Meeting start out :

i) call to order and proof of notice of meeting
ii) announcement and certification of proxies

I am assuming that means that the secretary announces how many proxies he/she has received and has certified they belong to members of the HOA. Therefore, when someone says an election is won by proxy, they must mean they had enough proxy votes to override the attendees votes. If the number of proxies in hand is not known, how would anyone know how many votes were counted/tallied?

ArtL1 (Florida)
Posts: 140

Posted:

Quote:

Posted By RoseF on 12/15/2017 7:07 PM
Your guess is as good as mine - our bylaws for the Annual Meeting start out :

i) call to order and proof of notice of meeting
ii) announcement and certification of proxies

I am assuming that means that the secretary announces how many proxies he/she has received and has certified they belong to members of the HOA. Therefore, when someone says an election is won by proxy, they must mean they had enough proxy votes to override the attendees votes. If the number of proxies in hand is not known, how would anyone know how many votes were counted/tallied?

Announcement and certification, I would assume would just be the board or manager announcing "we have X number of members present by proxy, and we've verified that the proxies are all from members."

If they skipped that (or you didn't hear them), I would think that would be a fairly minor oops, and it wouldn't necessarily invalidate all the proxies. I assume they did actually look at them, and attempt to verify they were all properly filled out and signed by members.

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