RonS15 (California)
Posts: 107
Posts: 107
Posted:
so im curious do anyone else have there city on there board??
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City on my Board
Started by RonS15 • 73 replies • 1604 views
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MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
No.
Could you tell us more about this situation?
Could you tell us more about this situation?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Do you mean a city council member? Who's maybe an Owner in your hOA?
RonS15 (California)
Posts: 107
Posts: 107
Posted:
no he's not a homeowner he is an employee of the city who owns units in our HOA they have been on our board for about 10yrs in which they have bought 90 0f 236 units slowey buying more
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Read your governing documents. Usually any homeowner is entitled to run for a seat on the board - doesn't matter what they do professionally. In addition, if units are owned by a corporation (as with investment property), then a representative of that corporation also may sit on the board.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Quote:
Posted By RonS15 on 03/17/2019 11:34 PM
no he's not a homeowner he is an employee of the city who owns units in our HOA they have been on our board for about 10yrs in which they have bought 90 0f 236 units slowey buying more
no he's not a homeowner he is an employee of the city who owns units in our HOA they have been on our board for about 10yrs in which they have bought 90 0f 236 units slowey buying more
WELL, YES he is a owner and Yes he has a right to serve on the board. The key word is he OWNS one or more units at your association, he is more than eligible to serve on the board.
CjC
Posts: 210
Posts: 210
Posted:
A personal profession will not exclusively prevent them from being on the board. If they are current on assessments and they own units, what is the problem?
RonS15 (California)
Posts: 107
Posts: 107
Posted:
ok i understand now i just had to get a better understanding of this....my thing iss do it matter if he holds a proxy and if so dose it matter what my bylaws say about proxy holders??? or no matter what he still can sit on the board?? and if thats the case then any proxy holder can run for the board or no??
RonS15 (California)
Posts: 107
Posts: 107
Posted:
even proxy holders??
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Still not that clear. You say he's not an owner but then owns multiple lots? That sounds like an owner to me. If you own HOA property then your a member typically. However, then you mention proxy voting? Does this mean this person isn't the owner but works for the person who is buying the lots?
Not a lot of details. If someone owns property in the HOA, that makes them a HOA member. A HOA member can be elected to the board. It kind of sounds more along the lines of your still developer controlled? Just need a bit more details.
Not a lot of details. If someone owns property in the HOA, that makes them a HOA member. A HOA member can be elected to the board. It kind of sounds more along the lines of your still developer controlled? Just need a bit more details.
Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Some grammar issues may be making this harder ...
The city owns the property?
The city has appointed a representative, and that person was elected to be on the board?
Some other construct wherein city forces representative on the board because city owns a large number of lots?
The city owns the property?
The city has appointed a representative, and that person was elected to be on the board?
Some other construct wherein city forces representative on the board because city owns a large number of lots?
RonS15 (California)
Posts: 107
Posts: 107
Posted:
ok look....the city aka Housing an redevelopment has bought a few units were i own.... so they have a representative who works for the city that sits on our board meaning he holds a proxy for them to vote for them.....so everything ive read said proxy holders cant sit on the board or am i wrong???
RoyalP
Posts: 1,104
Posts: 1,104
Posted:
if the city is incorporated (almost every one is) then the owner/city can appoint a 'rep' to sit on the board
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Making a bit more sense. So the City has a redevelopment department. They bought up the land and then assigned a representative for them. That person has their proxy vote. That actual person isn't a member of the HOA. They just hold the proxy voting for the city who does.
Does this City own the majority of property now? What is the purpose of ownership? Is there an improvement going on or finding homes for those in need? Some cities like Washington DC have these type of programs.
What is the issue if this person is sitting on a board meeting? Have you read your CC&R's or Articles of Incorporation? Best to start there to find out what standing this person/city has.
Does this City own the majority of property now? What is the purpose of ownership? Is there an improvement going on or finding homes for those in need? Some cities like Washington DC have these type of programs.
What is the issue if this person is sitting on a board meeting? Have you read your CC&R's or Articles of Incorporation? Best to start there to find out what standing this person/city has.
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
With the City owning 90 units, they have 90 votes.
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By MelissaP1 on 03/18/2019 7:12 AM
Making a bit more sense. So the City has a redevelopment department. They bought up the land and then assigned a representative for them. That person has their proxy vote. That actual person isn't a member of the HOA. They just hold the proxy voting for the city who does.
Does this City own the majority of property now? What is the purpose of ownership? Is there an improvement going on or finding homes for those in need? Some cities like Washington DC have these type of programs.
What is the issue if this person is sitting on a board meeting? Have you read your CC&R's or Articles of Incorporation? Best to start there to find out what standing this person/city has.
Making a bit more sense. So the City has a redevelopment department. They bought up the land and then assigned a representative for them. That person has their proxy vote. That actual person isn't a member of the HOA. They just hold the proxy voting for the city who does.
Does this City own the majority of property now? What is the purpose of ownership? Is there an improvement going on or finding homes for those in need? Some cities like Washington DC have these type of programs.
What is the issue if this person is sitting on a board meeting? Have you read your CC&R's or Articles of Incorporation? Best to start there to find out what standing this person/city has.
no they didnt buy up no landjust units...
the city owns 90 of 236....
there not doing nothing but tryin to take over
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By JohnC46 on 03/18/2019 9:53 AM
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
i see....so then what about proxys?? so that mean a proxy holder can sit on the board right???
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
In CA HOAs owners may vote by mail. All the director from "the City" needs to do is send in or deliver 90 votes for things that owners (the membership) vote on. Because Owners don't need to be present to vote on these matters (for ex., an annual election & membership meeting for directors) proxies aren't needed.
As a board member--a director--he has just one vote AT Board meetings like every other director whether they own 1 lot, or 6 or 150. It only one vote per director for board business. Proxies aren't allowed. A director must be present by phone or in person to vote on board business.
As a board member--a director--he has just one vote AT Board meetings like every other director whether they own 1 lot, or 6 or 150. It only one vote per director for board business. Proxies aren't allowed. A director must be present by phone or in person to vote on board business.
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By KerryL1 on 03/18/2019 1:32 PM
In CA HOAs owners may vote by mail. All the director from "the City" needs to do is send in or deliver 90 votes for things that owners (the membership) vote on. Because Owners don't need to be present to vote on these matters (for ex., an annual election & membership meeting for directors) proxies aren't needed.
As a board member--a director--he has just one vote AT Board meetings like every other director whether they own 1 lot, or 6 or 150. It only one vote per director for board business. Proxies aren't allowed. A director must be present by phone or in person to vote on board business.
In CA HOAs owners may vote by mail. All the director from "the City" needs to do is send in or deliver 90 votes for things that owners (the membership) vote on. Because Owners don't need to be present to vote on these matters (for ex., an annual election & membership meeting for directors) proxies aren't needed.
As a board member--a director--he has just one vote AT Board meetings like every other director whether they own 1 lot, or 6 or 150. It only one vote per director for board business. Proxies aren't allowed. A director must be present by phone or in person to vote on board business.
great thank u for this information...so my thing is this if he is a proxy holder for someone else and our rules talk about proxies and what they are for does this still mean he can serve on the board???? and does this mean any non member can be on the board????? im tying get some detailed clarification because what im thinking of doing....its pretty serious and yes i got legal help but i dont wanna sue.......yet!!!
RoyalP
Posts: 1,104
Posts: 1,104
Posted:
Quote:
Posted By JohnC46 on 03/18/2019 9:53 AM
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
EXACTLY CORRECT
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By RoyalP on 03/18/2019 1:46 PM
Posted By JohnC46 on 03/18/2019 9:53 AM
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
EXACTLY CORRECT
so if a owner wants his manager to sit on the board he can???? instead of him??
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By RonS15 on 03/18/2019 1:50 PM
so if a owner wants his manager to sit on the board he can???? instead of him??
so if a owner wants his manager to sit on the board he can???? instead of him??
Likely not. That could be a right reserved for corporations and government.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Let's give him a name: "Don." Don is a city employee. Unless "the City" formally appointed Don to be the one to represent the city on your board of directors, he probably cannot be on the board of directors.
If he is the formal representative of "the City," Owners can vote for Don to be on the board. "The city" could also instruct Don to cast all 90 of their ballots to help elect him to the board of directors. All ballots must be in two envelopes. He just would have to sign his name on every "outside" envelope and one of the HOA addresses on every one too.
There is no need for proxies in CA even if your bylaws say voters can use them.
On the Board, as I stated about, he only had one vote for e very board agenda topic.
If he is the formal representative of "the City," Owners can vote for Don to be on the board. "The city" could also instruct Don to cast all 90 of their ballots to help elect him to the board of directors. All ballots must be in two envelopes. He just would have to sign his name on every "outside" envelope and one of the HOA addresses on every one too.
There is no need for proxies in CA even if your bylaws say voters can use them.
On the Board, as I stated about, he only had one vote for e very board agenda topic.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Let's give him a name: "Don." Don is a city employee. UNLESS "the City," which probably IS a corporation, formally appointed Don to be the one to represent the city on your board of directors, he probably cannot be on the board of directors.
If he is the formal representative of "the City," Owners can vote for Don to be on the board. He would cast all 90 of the city's ballots to help elect him to the board of directors. All ballots must be in two envelopes. He just would have to sign his name on every "outside" envelope and one of the HOA addresses on every one too.
There is no need for proxies in CA even if your bylaws say voters can use them.
On the Board, as I stated above, he only has one vote for every board agenda topic.
If he is the formal representative of "the City," Owners can vote for Don to be on the board. He would cast all 90 of the city's ballots to help elect him to the board of directors. All ballots must be in two envelopes. He just would have to sign his name on every "outside" envelope and one of the HOA addresses on every one too.
There is no need for proxies in CA even if your bylaws say voters can use them.
On the Board, as I stated above, he only has one vote for every board agenda topic.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Drat! Please disregard 1st reply.
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
It doesn’t seem likely that Don showed up and started representing the city without authorization.
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
OK - I may, again, be missing something.
For the city rep to be on the Board, he/she would need to be elected to the Board, correct? With 90 votes this is probably easy - however, I have not heard Ron actually say the rep was elected to the Board.
For the city rep to be on the Board, he/she would need to be elected to the Board, correct? With 90 votes this is probably easy - however, I have not heard Ron actually say the rep was elected to the Board.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By JohnC46 on 03/18/2019 9:53 AM
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
When an entity owns a unit(s), they may appoint one person at their representative thus allowing this person to vote the unit(s) vote(s) and run for BOD election.
With the City owning 90 units, they have 90 votes.
And if they designate this person to be their "representative", e.g. through a Voting Certificate or some such in writing, then he can cast a vote for every unit they own. No proxy required.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
You're right, Geno, but I'm not sure the OP sees the difference between voting as a director at board meetings, and voting as a member of the HOA on things like elections.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Natural persons probably can't designate somebody to serve in their stead. Entities that are not natural persons (corporations, government agencies) can own property, and have the same rights as any other owner. Obviously the entire corporation or government can't be on the board or vote for the entity, so they designate a person to act as their representative. This is not considered a proxy. The representative exercises the entities property rights, including serving on the board.
Escaped former treasurer and director of a self managed association.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Exactly what are you considering a lawsuit about? You mentioned not ready to sue yet. I am not sure what your point of the lawsuit would be? Do you have a solution in mind? Seems if you do, then pursue that without going to court. People hate me saying it but suing your HOA is suing yourself and your neighbors. In this case your also suing the city if you were to sue. Your really not going to like that outcome.
Former HOA President
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By DouglasK1 on 03/18/2019 9:47 PM
Natural persons probably can't designate somebody to serve in their stead. Entities that are not natural persons (corporations, government agencies) can own property, and have the same rights as any other owner. Obviously the entire corporation or government can't be on the board or vote for the entity, so they designate a person to act as their representative. This is not considered a proxy. The representative exercises the entities property rights, including serving on the board.
Natural persons probably can't designate somebody to serve in their stead. Entities that are not natural persons (corporations, government agencies) can own property, and have the same rights as any other owner. Obviously the entire corporation or government can't be on the board or vote for the entity, so they designate a person to act as their representative. This is not considered a proxy. The representative exercises the entities property rights, including serving on the board.
interesting thing u say that "he"don the city employee says he holds a proxy....now is proxy holder and representative the same thing????
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Ron
A Proxy is:
the authority to represent someone else, especially in voting.
"they may register to vote by proxy"
synonyms: deputy, representative, substitute, delegate, agent, surrogate, stand-in, attorney, ambassador, emissary, go-between, envoy, frontman;
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
A Proxy is:
the authority to represent someone else, especially in voting.
"they may register to vote by proxy"
synonyms: deputy, representative, substitute, delegate, agent, surrogate, stand-in, attorney, ambassador, emissary, go-between, envoy, frontman;
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
The city's representative may have just mispoken when he said he had a proxy, or he confused the terms or in fact the city did give him a proxy while he is in fact their representative (the belt and suspenders concept).
If you have questions about the city's property in your HOA, have you contacted the representative or the city attorney? At this point I'm not sure what your question is anymore.
If you have questions about the city's property in your HOA, have you contacted the representative or the city attorney? At this point I'm not sure what your question is anymore.
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By Melissa P1 on 03/19/2019 4:49 AM
Exactly what are you considering a lawsuit about? You mentioned not ready to sue yet. I am not sure what your point of the lawsuit would be? Do you have a solution in mind? Seems if you do, then pursue that without going to court. People hate me saying it but suing your HOA is suing yourself and your neighbors. In this case your also suing the city if you were to sue. Your really not going to like that outcome.
Exactly what are you considering a lawsuit about? You mentioned not ready to sue yet. I am not sure what your point of the lawsuit would be? Do you have a solution in mind? Seems if you do, then pursue that without going to court. People hate me saying it but suing your HOA is suing yourself and your neighbors. In this case your also suing the city if you were to sue. Your really not going to like that outcome.
well i tell u i learned i did not want to be a ingreges owner because i understood how it affected us all...but there are so many violations im only one owner standing up for my rights....they have me and my family on youtube....that's just a crumb in this cookie jar....so i am reaching and seeking help and advice....an yes i use legal services...
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By JohnC46 on 03/19/2019 7:47 AM
Ron
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
Ron
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
That
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By MarkM31 on 03/19/2019 7:51 AM
The city's representative may have just mispoken when he said he had a proxy, or he confused the terms or in fact the city did give him a proxy while he is in fact their representative (the belt and suspenders concept).
If you have questions about the city's property in your HOA, have you contacted the representative or the city attorney? At this point I'm not sure what your question is anymore.
The city's representative may have just mispoken when he said he had a proxy, or he confused the terms or in fact the city did give him a proxy while he is in fact their representative (the belt and suspenders concept).
If you have questions about the city's property in your HOA, have you contacted the representative or the city attorney? At this point I'm not sure what your question is anymore.
so proxy holder an rep an the same then....and yes i have made contact with him on multiple occasions he is high on the city totem pole....other then that it would be the city council would be his boss
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By RonS15 on 03/19/2019 7:55 AM
so proxy holder an rep an the same then....
so proxy holder an rep an the same then....
Not exactly, but at this point effectively yes.
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By RonS15 on 03/19/2019 7:51 AM
....an yes i use legal services...
....an yes i use legal services...
What does your lawyer say about all of this? And why, if you have legal representation, do you need to ask a slew of legal questions to a bunch of anonymous and uncredentialed strangers and wingnuts on the www?
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By JohnC46 on 03/19/2019 7:47 AM
Ron
A Proxy is:
the authority to represent someone else, especially in voting.
"they may register to vote by proxy"
synonyms: deputy, representative, substitute, delegate, agent, surrogate, stand-in, attorney, ambassador, emissary, go-between, envoy, frontman;
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
Ron
A Proxy is:
the authority to represent someone else, especially in voting.
"they may register to vote by proxy"
synonyms: deputy, representative, substitute, delegate, agent, surrogate, stand-in, attorney, ambassador, emissary, go-between, envoy, frontman;
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
lol get over it good one....any way im asking for a specific reason mr sir.....if mr don who is a proxy holder aka representative would be considered an non owner so does this mean any non owner can run for the board if given a proxy right?????? mr sir???
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
A corporation is defined in the law as a "legal person" and has all the rights of a natural person in an association. As such, a corporation may appoint a representative to attend meetings, vote and run for office.
https://www.davis-stirling.com/HOME/Member-Defined
https://www.davis-stirling.com/HOME/Member-Defined
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By RonS15 on 03/19/2019 8:04 AM
Posted By JohnC46 on 03/19/2019 7:47 AM
Ron
A Proxy is:
the authority to represent someone else, especially in voting.
"they may register to vote by proxy"
synonyms: deputy, representative, substitute, delegate, agent, surrogate, stand-in, attorney, ambassador, emissary, go-between, envoy, frontman;
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
Ron
A Proxy is:
the authority to represent someone else, especially in voting.
"they may register to vote by proxy"
synonyms: deputy, representative, substitute, delegate, agent, surrogate, stand-in, attorney, ambassador, emissary, go-between, envoy, frontman;
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
lol get over it good one....any way im asking for a specific reason mr sir.....if mr don who is a proxy holder aka representative would be considered an non owner so does this mean any non owner can run for the board if given a proxy right?????? mr sir???
Typically when a "group" owns more than one unit, they designate one person as their representative and that person can vote for the units and run for the BOD. Thus in that sense, they are considered an owner.
Another example is a married couple jointly own the unit. They must designate one of them as the voting member.
Some docs do allow non-owners to run for a BOD. Some docs only allow the Treasurer to be a non-owner.
There is no black and white answer and it appears you do not look hard for answers in your own docs.
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By MarkM31 on 03/19/2019 8:02 AM
Posted By RonS15 on 03/19/2019 7:51 AM
....an yes i use legal services...
....an yes i use legal services...
What does your lawyer say about all of this? And why, if you have legal representation, do you need to ask a slew of legal questions to a bunch of anonymous and uncredentialed strangers and wingnuts on the www?
he and google say no proxy holders cant sit on the board....yes they can vote or be used for quorum only...im asking in specific because if "don" is a proxy holder an is a non owner then does that mean any non owner do the same???? there is a guy who is a non owner an lives in another city who the city gave 10 proxy write ins votes to an he beat me lol lol and they keep having board meeting on the phone with no notification.....our there has not been a bard meeting in over 2 yrs lol so this is why im asking the jumpy questions....i won a board member spot in november 2018 after 8 attempts lol an finally i win to get shut out noooooo way sir.....no way....to much fiduciary breaches are occurring to much self dealing by the city ......
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By RonS15 on 03/19/2019 8:04 AM
does this mean any non owner can run for the board if given a proxy right?????? mr sir???
does this mean any non owner can run for the board if given a proxy right?????? mr sir???
No.
The right to be on the board is probably limited to owners on title or the representative of corporations holding property on title
https://www.davis-stirling.com/HOME/Member-Defined
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By JohnC46 on 03/19/2019 8:12 AM
lol get over it good one....any way im asking for a specific reason mr sir.....if mr don who is a proxy holder aka representative would be considered an non owner so does this mean any non owner can run for the board if given a proxy right?????? mr sir???
Posted By RonS15 on 03/19/2019 8:04 AM
Posted By JohnC46 on 03/19/2019 7:47 AM
Ron
A Proxy is:
the authority to represent someone else, especially in voting.
"they may register to vote by proxy"
synonyms: deputy, representative, substitute, delegate, agent, surrogate, stand-in, attorney, ambassador, emissary, go-between, envoy, frontman;
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
Ron
A Proxy is:
the authority to represent someone else, especially in voting.
"they may register to vote by proxy"
synonyms: deputy, representative, substitute, delegate, agent, surrogate, stand-in, attorney, ambassador, emissary, go-between, envoy, frontman;
Bottom line is "Don" is the city appointed whatever thus he can vote the 90 votes as he sees fit and he can run for the BOD. Get over it.
lol get over it good one....any way im asking for a specific reason mr sir.....if mr don who is a proxy holder aka representative would be considered an non owner so does this mean any non owner can run for the board if given a proxy right?????? mr sir???
Typically when a "group" owns more than one unit, they designate one person as their representative and that person can vote for the units and run for the BOD. Thus in that sense, they are considered an owner.
Another example is a married couple jointly own the unit. They must designate one of them as the voting member.
Some docs do allow non-owners to run for a BOD. Some docs only allow the Treasurer to be a non-owner.
There is no black and white answer and it appears you do not look hard for answers in your own docs.
hmmm facts but i have educated myself on my cc&rs an bylaws there are certain things that need a lawyer interpretation which i did get but im conflicted on this i just fund our election rules the the manager left out the elections for 10 yrs lolololol so after reading the davis sterling it said that HOAs have rule that can come first before them....please understand this is deep an im one owner standing up against the city whos trying to diminish our HOA by buying it up ....i have no choice but to battle....
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By RonS15 on 03/19/2019 8:14 AM
he and google say no proxy holders cant sit on the board....yes they can vote or be used for quorum only...im asking in specific because if "don" is a proxy holder an is a non owner then does that mean any non owner do the same???? there is a guy who is a non owner an lives in another city who the city gave 10 proxy write ins votes to an he beat me lol lol and they keep having board meeting on the phone with no notification.....our there has not been a bard meeting in over 2 yrs lol so this is why im asking the jumpy questions....i won a board member spot in november 2018 after 8 attempts lol an finally i win to get shut out noooooo way sir.....no way....to much fiduciary breaches are occurring to much self dealing by the city ......
he and google say no proxy holders cant sit on the board....yes they can vote or be used for quorum only...im asking in specific because if "don" is a proxy holder an is a non owner then does that mean any non owner do the same???? there is a guy who is a non owner an lives in another city who the city gave 10 proxy write ins votes to an he beat me lol lol and they keep having board meeting on the phone with no notification.....our there has not been a bard meeting in over 2 yrs lol so this is why im asking the jumpy questions....i won a board member spot in november 2018 after 8 attempts lol an finally i win to get shut out noooooo way sir.....no way....to much fiduciary breaches are occurring to much self dealing by the city ......
Don is not a proxy holder, he is the representative of a corporation which is a property holder in your HOA.
It doesn't matter if Don says he has a proxy (the belt) because as representive of the corp, he already has suspenders on.
The right to have a representative appear on the board only applies to corporate owners. Ownership rights only confer to other owners named on title.
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By MarkM31 on 03/19/2019 8:15 AM
Posted By RonS15 on 03/19/2019 8:04 AM
does this mean any non owner can run for the board if given a proxy right?????? mr sir???
does this mean any non owner can run for the board if given a proxy right?????? mr sir???
No.
The right to be on the board is probably limited to owners on title or the representative of corporations holding property on title
https://www.davis-stirling.com/HOME/Member-Defined
facts..thank u
RonS15 (California)
Posts: 107
Posts: 107
Posted:
Quote:
Posted By MarkM31 on 03/19/2019 8:22 AM
Posted By RonS15 on 03/19/2019 8:14 AM
he and google say no proxy holders cant sit on the board....yes they can vote or be used for quorum only...im asking in specific because if "don" is a proxy holder an is a non owner then does that mean any non owner do the same???? there is a guy who is a non owner an lives in another city who the city gave 10 proxy write ins votes to an he beat me lol lol and they keep having board meeting on the phone with no notification.....our there has not been a bard meeting in over 2 yrs lol so this is why im asking the jumpy questions....i won a board member spot in november 2018 after 8 attempts lol an finally i win to get shut out noooooo way sir.....no way....to much fiduciary breaches are occurring to much self dealing by the city ......
he and google say no proxy holders cant sit on the board....yes they can vote or be used for quorum only...im asking in specific because if "don" is a proxy holder an is a non owner then does that mean any non owner do the same???? there is a guy who is a non owner an lives in another city who the city gave 10 proxy write ins votes to an he beat me lol lol and they keep having board meeting on the phone with no notification.....our there has not been a bard meeting in over 2 yrs lol so this is why im asking the jumpy questions....i won a board member spot in november 2018 after 8 attempts lol an finally i win to get shut out noooooo way sir.....no way....to much fiduciary breaches are occurring to much self dealing by the city ......
Don is not a proxy holder, he is the representative of a corporation which is a property holder in your HOA.
It doesn't matter if Don says he has a proxy (the belt) because as representive of the corp, he already has suspenders on.
The right to have a representative appear on the board only applies to corporate owners. Ownership rights only confer to other owners named on title.
please explain??The right to have a representative appear on the board only applies to corporate owners. Ownership rights only confer to other owners named on title.
MarkM31 (Washington)
Posts: 494
Posts: 494
Posted:
Quote:
Posted By RonS15 on 03/19/2019 8:26 AM
Don is not a proxy holder, he is the representative of a corporation which is a property holder in your HOA.
It doesn't matter if Don says he has a proxy (the belt) because as representive of the corp, he already has suspenders on.
The right to have a representative appear on the board only applies to corporate owners. Ownership rights only confer to other owners named on title.
Posted By MarkM31 on 03/19/2019 8:22 AM
Posted By RonS15 on 03/19/2019 8:14 AM
he and google say no proxy holders cant sit on the board....yes they can vote or be used for quorum only...im asking in specific because if "don" is a proxy holder an is a non owner then does that mean any non owner do the same???? there is a guy who is a non owner an lives in another city who the city gave 10 proxy write ins votes to an he beat me lol lol and they keep having board meeting on the phone with no notification.....our there has not been a bard meeting in over 2 yrs lol so this is why im asking the jumpy questions....i won a board member spot in november 2018 after 8 attempts lol an finally i win to get shut out noooooo way sir.....no way....to much fiduciary breaches are occurring to much self dealing by the city ......
he and google say no proxy holders cant sit on the board....yes they can vote or be used for quorum only...im asking in specific because if "don" is a proxy holder an is a non owner then does that mean any non owner do the same???? there is a guy who is a non owner an lives in another city who the city gave 10 proxy write ins votes to an he beat me lol lol and they keep having board meeting on the phone with no notification.....our there has not been a bard meeting in over 2 yrs lol so this is why im asking the jumpy questions....i won a board member spot in november 2018 after 8 attempts lol an finally i win to get shut out noooooo way sir.....no way....to much fiduciary breaches are occurring to much self dealing by the city ......
Don is not a proxy holder, he is the representative of a corporation which is a property holder in your HOA.
It doesn't matter if Don says he has a proxy (the belt) because as representive of the corp, he already has suspenders on.
The right to have a representative appear on the board only applies to corporate owners. Ownership rights only confer to other owners named on title.
please explain??The right to have a representative appear on the board only applies to corporate owners. Ownership rights only confer to other owners named on title.
Did you look at the link?
RoyalP
Posts: 1,104
Posts: 1,104
Posted:
Quote:
Posted By MarkM31 on 03/19/2019 8:12 AM
A corporation is defined in the law as a "legal person" and has all the rights of a natural person in an association. As such, a corporation may appoint a representative to attend meetings, vote and run for office.
https://www.davis-stirling.com/HOME/Member-Defined
https://www.davis-stirling.com/HOME/Member-Defined
PERFECT
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