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RamonE (Texas)
Posts: 1
Posted:

Hello,
We had our annual HOA meeting yesterday here in Houston TX.

Background:
we have 5 board members and 1 board member makes all the decisions, the rest of the board members are just his relatives and dummies. We have not seen any of the other board members except for this 1 board member. All board members were up for relection

HOA mtg to elect board members
------------------------------

1. All current 5 board members were up for re-election (entire board)
2. Only 1 board member shows up for the meeting (physically present)
3. Brings a bunch of Proxies from homeowners that have "Board" written on the proxy.
4. This board member alongwith Association management count tell us that the proxies received is for ALL 5 board members to be re-elected.
5. They count each proxy card vote towards all 5 board members (1 physically present board member and 4 board members that did not dial-in or show up)
6 Announce the 5 board members are re-elected (based on proxy card)
7. Rest of the homeowners that were present physically and tried to get on the board are told that they did not have enough votes.

Question :
1.Is this legal ? Can a proxy card that has "Board" written on it be used to elect 5 board members, when 4 of the board members do NOT even show up for the meeting.
2. This has caused a lot of homeowners to be upset as they feel they have no say in what goes o, especially homeowners that live on the property.
3. This board member (majority owner) lives in California and makes all the decisions for the rest of us.

Any help from the experts on this is appreciated.

Thks
RichardP13 (California)
Posts: 3,868
Posted:
Yes..

You need to read your Bylaws and see how elections are conducting and learn to beat them at their own game. People don't like the outcome, but is gamesmanship and it is legal.
KerryL1 (California)
Posts: 14,550
Posted:
I don't think it matters that some didn't show up. We don't do proxys so I don't know if they were legal.

Like Richard says, you need to learn how elections are supposed to be conducted in your HOA via your bylaws. TX law leo might be involved and Ben of TX might be able to answer more specifically.

For example, is it required in TX that Owners may physically watch the tabulations?

How does the Board conduct meetings if only this one director shows up typically?

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