Abuse of Power?

Hello,
We recently had our annual HOA meeting where we elected members to the board. We had the largest turnout ever for our community. We elected members to the board, but after the results were given we were told that the president used approx 100 proxies to totally change the election results. he essentially placed people he felt he could influence onto the board. I feel this is a blatant abuse of his power. This isn't the first time either. Last year we had a special election were we as a community denied an enhancement fee but he used proxies to overturn that vote and now everyone has to pay for this abuse for 3 years. Is there anything we can do? changing our bylaws seems next to impossible since he's the one calling all the shots and lord knows he wont want to change the status quo.
Any Ideas?

Thanks
Scott

supposedly he had 95 blank proxies. We have never been allowed to see them, don't know if their even legal (dated and signed by the property owners) and he used proxies last fall to overturn the "NO" vote by the community for an enhancement fee. So we are paying for this fee anyway, because of his "proxies". CMA is our management company and they seem too buddy/buddy for my taste. We have also found misappropriation of funds (they payed one of our board members for doing tasks is excess of $7k) but we can't get a fair shake.

We, as the community don't know if he's got them in his drawer or not. Our management company and him are close so they might have a stash that they pull out when they need them. And if anyone questions them then they get them signed and dated...? I dunno. I do know that it seems very sketchy to me and you would think they would want to appear above reproach. The trouble we have is he will always have these "votes" to overturn anything he doesn't agree with and we have no recourse?

Oh, cmon ... this is silly.

Blank proxies are not proxies.

I'm sorry, but it looks like you and other owners allowed this to occur - whether by neglect or ignorance of lack of action.

Get busy, get smart on your docs ... organize and fix it.

Long list of things you can do - start by understanding your documents. Get some neighbors to co-fund an attorney visit with you to prepare a plan of attack.

What do your bylaws say about proxies, Scott?? Whether your bylaws are silent on this topic or not, go with Stephanie's suggestions, too.

In Texas, homeowners can challenge the results of an election and request a recount, which is then done by a third party. That third party will throw out the proxies if they are not valid. You need to hurry - you have a limited window. And you'll need to pay for it, so decide how badly you want to investigate this.

Sec. 209.0057. RECOUNT OF VOTES. (a) This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.

(b) Any owner may, not later than the 15th day after the later of the date of any meeting of owners at which the election or vote was held or the date of the announcement of the results of the election or vote, require a recount of the votes. A demand for a recount must be submitted in writing either:

(1) by verified mail or by delivery by the United States Postal Service with signature confirmation service to the property owners' association's mailing address as reflected on the latest management certificate filed under Section 209.004; or

(2) in person to the property owners' association's managing agent as reflected on the latest management certificate filed under Section 209.004 or to the address to which absentee and proxy ballots are mailed.

(b-1) The property owners' association must estimate the costs for performance of the recount by a person qualified to tabulate votes under Subsection (c) and must send an invoice for the estimated costs to the requesting owner at the owner's last known address according to association records not later than the 20th day after the date the association receives the owner's demand for the recount.

(b-2) The owner demanding a recount under this section must pay the invoice described by Subsection (b-1) in full to the property owners' association on or before the 30th day after the date the invoice is sent to the owner.

(b-3) If the invoice described by Subsection (b-1) is not paid by the deadline prescribed by Subsection (b-2), the owner's demand for a recount is considered withdrawn and a recount is not required.

(b-4) If the estimated costs under Subsection (b-1) are lesser or greater than the actual costs, the property owners' association must send a final invoice to the owner on or before the 30th business day after the date the results of the recount are provided. If the final invoice includes additional amounts owed by the owner, any additional amounts not paid to the association before the 30th business day after the date the invoice is sent to the owner may be added to the owner's account as an assessment. If the estimated costs exceed the final invoice amount, the owner is entitled to a refund. The refund shall be paid to the owner at the time the final invoice is sent under this subsection.

(c) Following receipt of payment under Subsection (b-2), the property owners' association shall, at the expense of the owner requesting the recount, retain for the purpose of performing the recount the services of a person qualified to tabulate votes under this subsection. The association shall enter into a contract for the services of a person who:

(1) is not a member of the association or related to a member of the association board within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code; and

(2) is:

(A) a current or former:

(i) county judge;

(ii) county elections administrator;

(iii) justice of the peace; or

(iv) county voter registrar; or

(B) a person agreed on by the association and each person requesting the recount.

(d) On or before the 30th day after the date of receipt of payment for a recount in accordance with Subsection (b-2), the recount must be completed and the property owners' association must provide each owner who requested the recount with notice of the results of the recount. If the recount changes the results of the election, the association shall reimburse the requesting owner for the cost of the recount not later than the 30th day after the date the results of the recount are provided. Any action taken by the board in the period between the initial election vote tally and the completion of the recount is not affected by any recount.