Negative Consent Proxy

Without checking the statutes or your governing docs, I still have to say it's ridiculous. Without the signed form being returned, there is no evidence the member even READ the form, let alone indicated his understanding of it.
However, look at the statute here:
https://law.justia.com/codes/georgia/2010/title-14/chapter-3/article-7/part-2/14-3-724/

I forgot to paste this link:
https://www.hopb.co/hoa-document-request#Tips

Hi Kora

1. Prior notice requirements are typically 10 days. 7 days seems very short. Check the docs.

2. Prior notice requires that you get an exact copy of what's going to be voted on. You didn't say anything on what the vote was about. If they didn't include the exact language in the notice, it's not a valid notice.

3. I've seen a lot of HOA docs. There has never been a negative consent clause in any of them.

1. I shared with her the section of the Georgia Corporate Code for Nonprofit Corporations regarding notice of meetings:

• (c) Notice is fair and reasonable if:
o (1) The corporation notifies its members of the place, date, and time of each annual, regular, and special meeting of members no fewer than ten days (or if notice is mailed by other than first-class or registered mail or statutory overnight delivery, 30 days) nor more than 60 days before the meeting date;

2. The content of the proposed amendment is clearly stated and the proxy authorization gives all the necessary information for their goal. They are amending the covenants to prohibit leasing within the community. Her rental home will be "grandfathered" in and she doesn't know anyone else in the neighborhood, so she's trying to decide if making a fuss over the president's abuse of his power is worth her time.

3. Yep, this one seems to me to be a very blatant abuse of board authority. But we haven't seen the docs yet, so...

Thanks, everyone, for your thoughts.

Kora

The 10 day notice rule matters only if she wants to challenge the legitimacy of the vote and does not in fact vote. But she can't challenge the legitimacy if she actually votes. No harm, no foul.

If she's grandfathered, that will only last until she sells. The buyer won't be able to rent. Depending on the circumstances, that could make her unit more or less valuable to a buyer.

Negative consent proxy sounds like a bunch of BS to me.

If properly used and all the I's are dotted and t's crossed, I don't see any reason why this might not be valid. I have seen similar things in state ballot initiatives, where the same thing is on a ballot written two different ways. If you don't read carefully, a voter can vote against one and vote for the other, depending on how it is worded.