DavidB49 (Texas)
Posts: 6
Posts: 6
Posted:
Can an HOA President cast a vote for a member not in a BOD election meeting without the permission of the absent member. We are in Austin, Texas and are membership is only 12.
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HOA President
Started by DavidB49 • 29 replies • 1137 views
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RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Yep, as long as they have a proxy signed by that member. In fact, if they had proxies for the other 11, they could vote for the whole association.
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
Quote:
Posted By DavidB49 on 08/10/2019 7:15 AM
Can an HOA President cast a vote for a member not in a BOD election meeting without the permission of the absent member[?]
Can an HOA President cast a vote for a member not in a BOD election meeting without the permission of the absent member[?]
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
I'm surprised that proxies are allowed at BOD meetings.
A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.
A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.
Sikubali jukumu. Read all posts at your own risk.
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Quote:
Posted By NpS on 08/10/2019 9:35 AM
I'm surprised that proxies are allowed at BOD meetings.
A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.
I'm surprised that proxies are allowed at BOD meetings.
A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.
I have to believe the OP is referring to a meeting where Board of Directors are elected, not a Board meeting.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Above two replies say something about the poster. The bottom line of both is the same answer but how they went about is interesting.
Yes if they have a Proxy......
No unless they have a Proxy.....
A Psychologist might read something in their methods such as one is an optimist, the other is a pessimist.
Care to vote on which is which?
Yes if they have a Proxy......
No unless they have a Proxy.....
A Psychologist might read something in their methods such as one is an optimist, the other is a pessimist.
Care to vote on which is which?
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By RichardP13 on 08/10/2019 9:38 AM
Posted By NpS on 08/10/2019 9:35 AM
I'm surprised that proxies are allowed at BOD meetings.
A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.
I'm surprised that proxies are allowed at BOD meetings.
A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.
I have to believe the OP is referring to a meeting where Board of Directors are elected, not a Board meeting.
Gotcha.
Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Typically a majority of the BOD could call a BOD Meeting and discuss what they wish to discuss.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
It doesn't seem like a board meeting to me either, but I'm not sure. Perhaps DavidB can clear this up for us.
JohnC????
JohnC????
DavidB49 (Texas)
Posts: 6
Posts: 6
Posted:
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
David
Could be debatable if a Proxy or POA are acceptable, but without either one he can only vote his own vote.
Could be debatable if a Proxy or POA are acceptable, but without either one he can only vote his own vote.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By DavidB49 on 08/10/2019 11:18 AM
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.
He is wrong.
Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
David, ask the prez to show you evidence that can vote they way he says he can. If you must, show him your bylaws and TX law which'll say something like Members (Owners) may vote at the meeting or by proxy, or whatever the wording is.
DavidB49 (Texas)
Posts: 6
Posts: 6
Posted:
Another question, if a proxy is turned in without a designate, what is the ruling?
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Quote:
Posted By DavidB49 on 08/11/2019 6:47 AM
Another question, if a proxy is turned in without a designate, what is the ruling?
Another question, if a proxy is turned in without a designate, what is the ruling?
Great question. We don't count it. We do notify the owner that, for their vote to count next year, they need to identify a Proxy.
Sikubali jukumu. Read all posts at your own risk.
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
David
In Texas there are at least three types of proxies which are commonly used:
1. Proxy for the purpose of attaining quorum only, no person is designated to be the holder of the proxy. In this case, the proxy represents no voting power.
2. Proxy which designates an officer of the Association, generally the president, as the proxy holder with full voting power.
3. Proxy which designates another person (does not have to be an owner, or even a resident) as the proxy holder with full voting power.
Absent any specific language in your Bylaws or Declaration which grants proxy voting to the President if the owner is not in attendance, your President is wrong; he or she cannot vote absent member votes as if a proxy had been granted.
In Texas there are at least three types of proxies which are commonly used:
1. Proxy for the purpose of attaining quorum only, no person is designated to be the holder of the proxy. In this case, the proxy represents no voting power.
2. Proxy which designates an officer of the Association, generally the president, as the proxy holder with full voting power.
3. Proxy which designates another person (does not have to be an owner, or even a resident) as the proxy holder with full voting power.
Absent any specific language in your Bylaws or Declaration which grants proxy voting to the President if the owner is not in attendance, your President is wrong; he or she cannot vote absent member votes as if a proxy had been granted.
PaulJ6
Posts: 990
Posts: 990
Posted:
Quote:
Posted By DavidB49 on 08/10/2019 11:18 AM
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.
The current president is absolutely wrong.
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Quote:
Posted By PaulJ6 on 08/12/2019 11:44 AM
Posted By DavidB49 on 08/10/2019 11:18 AM
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.
The current president is absolutely wrong.
It is very possible that the president may, depending on the verbiage of the Bylaws. I have seen such things.
DavidB49 (Texas)
Posts: 6
Posts: 6
Posted:
Can a person who lives overseas for six or more months out of the year be eligible for an HOA BOD?
PaulJ6
Posts: 990
Posts: 990
Posted:
Quote:
Posted By DavidB49 on 08/15/2019 3:42 PM
Can a person who lives overseas for six or more months out of the year be eligible for an HOA BOD?
Can a person who lives overseas for six or more months out of the year be eligible for an HOA BOD?
In many cases, yes. Often HOA board members don't even have to live in the HOA.
DavidB49 (Texas)
Posts: 6
Posts: 6
Posted:
What is the correct procedure for hiring friends to contract out to an HOA?
PestY
Posts: 128
Posts: 128
Posted:
Quote:
Posted By JohnC46 on 08/10/2019 9:38 AM
Above two replies say something about the poster. The bottom line of both is the same answer but how they went about is interesting.
Yes if they have a Proxy......
No unless they have a Proxy.....
A Psychologist might read something in their methods such as one is an optimist, the other is a pessimist.
Care to vote on which is which?
Above two replies say something about the poster. The bottom line of both is the same answer but how they went about is interesting.
Yes if they have a Proxy......
No unless they have a Proxy.....
A Psychologist might read something in their methods such as one is an optimist, the other is a pessimist.
Care to vote on which is which?
John, I give you my undirected proxy ... vote it as you wish.
DavidB49 (Texas)
Posts: 6
Posts: 6
Posted:
Is the BOD required to take bids for HOA management companies and other contractors? Also, what do you do when a BOD president appoints a good friend as the HOA management company without bids?
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
Quote:
Posted By DavidB49 on 08/10/2019 7:15 AM
Can an HOA President cast a vote for a member not in a BOD election meeting without the permission of the absent member. We are in Austin, Texas and are membership is only 12.
Can an HOA President cast a vote for a member not in a BOD election meeting without the permission of the absent member. We are in Austin, Texas and are membership is only 12.
Our board has good synergy and we've, once, assumed an absent board member wanted reappointment (there weren't any contested elections)...we ended up w/ a vacant seat. No loss on our part but we'd request the person appear in person, regardless of who held proxies.
The LEAST a resident can do, if they want to join the board, is attend the annual meeting.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
The president may not hire a vendor, e.g., management company alone. The board needs to vote on the contract UNLESS they've all given all power to the president, which is a huge mistake.
Thee's no legal requirement to go out to bid for contracts but it's good business practice.
Are you on the board, David? How many are on the board?
Thee's no legal requirement to go out to bid for contracts but it's good business practice.
Are you on the board, David? How many are on the board?
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Whether or not you need to get bids is often a decision subject to various state laws in combination with one's governing documents. In a Florida HOA, for example, the law (FS 720.3055) specifically exempts the following from needing bids:
contracts for attorney
accountant
architect
community association manager
engineering and landscape architect services
Additionally, FS 720 says an "association whose declaration or bylaws provide for competitive bidding for services may operate under the provisions of that declaration or bylaws in lieu of this section if those provisions are not less stringent than the requirements of this section".
contracts for attorney
accountant
architect
community association manager
engineering and landscape architect services
Additionally, FS 720 says an "association whose declaration or bylaws provide for competitive bidding for services may operate under the provisions of that declaration or bylaws in lieu of this section if those provisions are not less stringent than the requirements of this section".
JoelC2 (Florida)
Posts: 1
Posts: 1
Posted:
My girlfriend and I have purchased a condominium on a golf course and I have charges in my background (federal) and we have told the HOA the board members of my back ground and now they are saying I have to move out. Is they a law that allows they to do this? Another question is we are planning to get married if we are married can they the HOA making me move? We own the condominium!
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
Joel, why don't you start a new thread with your question. It is important but it also has nothing to do with the original question posed in the thread in which you posted it.
CjC
Posts: 210
Posts: 210
Posted:
Quote:
Posted By JoelC2 on 08/23/2019 6:24 AM
My girlfriend and I have purchased a condominium on a golf course and I have charges in my background (federal) and we have told the HOA the board members of my back ground and now they are saying I have to move out. Is they a law that allows they to do this? Another question is we are planning to get married if we are married can they the HOA making me move? We own the condominium!
My girlfriend and I have purchased a condominium on a golf course and I have charges in my background (federal) and we have told the HOA the board members of my back ground and now they are saying I have to move out. Is they a law that allows they to do this? Another question is we are planning to get married if we are married can they the HOA making me move? We own the condominium!
Please start a new thread for this. You might want to also let us know if there are any mandatory background checks, is this condo or co-op? Have you read the CCRs and all the documents before you purchased to see if this is mentioned anywhere?
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