HOA wants to use unused proxys

Started by RebeccaA6 • 9 replies • 638 views

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RebeccaA6 (Arizona)
Posts: 31

Posted:

I am with a small HOA in New Mexico. Some on the board have decided that they want to vote any unused proxy. What they are saying is that if we send out proxys and get 10% back, that the board should be able to vote the remaining 90% that were not returned. They donot have a clue what they are doing.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Huh?

DouglasK1 (Florida)
Posts: 2,046

Posted:

Unsigned proxies have no value or standing and can not be used for anything.

Escaped former treasurer and director of a self managed association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DouglasK1 on 03/04/2019 7:49 AM
Unsigned proxies have no value or standing and can not be used for anything.

They have the same value as toilet paper. None.

RoyalP
Posts: 1,104

Posted:

Toilet paper does, in fact, have significant value.

Ever try using newspaper or leaves ?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Allow me to rephrase. They have the value of used toilet paper.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By RoyalP on 03/04/2019 3:06 PM
Toilet paper does, in fact, have significant value.

Ever try using newspaper or leaves ?

You have to be very careful which leaves you choose.

Escaped former treasurer and director of a self managed association.

RoyalP
Posts: 1,104

Posted:

... one does need experience ...

RoyalP
Posts: 1,104

Posted:

a/k/a unsigned proxy deposit box

AugustinD
Posts: 5,144

Posted:

Rebecca, you and the others posting here are correct. Perhaps you can quote the rest of the board the following from the NM Homeowner Association Act:
-------------
47-7E-9. Proxy and absentee voting; ballot count.
...
B. "Vote by proxy is allowed for lot owner meetings. The proxy vote shall:
(1) be dated and executed by a lot owner, but if a lot is owned by more than one person, each owner of the lot may vote or register protest to the casting of votes by the other owners of the lot through a duly executed proxy, but in no case shall the total vote cast be more than that allocated to the lot under the declaration;"
-------------

The word "executed" means "signed."

What are these directors quoting to justify their claim?

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