Questions on Proxy/Ballot Form

Too confusing.. here. Did the owner file a proxy and also vote (filed ballot) at the annual meeting? Check your docs. If the homeowner signed and proxy and later decides to vote at the annual meeting, it's my understanding that the proxy is void and the physical ballot supercedes the proxy.

My apologies for not being clear. Our association uses a Proxy/Ballot form that is used as a ballot if the owner is not present at the meeting. The proxy in question was submitted by an owner who did not attend the meeting. This homeowner voted for only 1 of 5 candidates; coincidently, the owner inserted the name of one of the candidates as his proxyholder. For the record, that candidate did attend the meeting.

Here is exact wording of Proxy/Ballot form we use:

I, (print name)_______, owner of (print address) at the (insert your Association)_______ do hereby constitute and appoint (insert proxyholder's name)_______ or, if no name is inserted, the Board of Directors as attorney and agent for me to vote as my proxy at the Association meeting on August 30, 2007 or any continuation thereof unless revoked, and direct the Proxy Holder to instruct the election monitors to cast a ballot for the following candidates and/or write-in candidates. (If no candidates or write-in candidates are reflected on this document, the proxy holder may cast the votes as it deems fit.) I understand that if I should attend the meeting, I will be entitled to revoke this Proxy/Ballot and will receive a ballot for that meeting only. [in bold print: This proxy will be used as the ballot if the owner is not present.]

..space allowed for homeowner signature, date, and address...

So, my question for this particular owner's proxy/ballot is it considered valid with his one vote? Or, was it correct for the PM to pull this owner's Proxy/Ballot vote and be voided so that a ballot is given to the candidate to vote as he deems fit?

Thanks. -ReneeD

Renee, was the statement "(If no candidates or write-in candidates are reflected on this document, the proxy holder may cast the votes as it deems fit.)" actually on the proxy/ballot? If so, and the member voted for one candidate then it infers the proxy holder may NOT cast the votes as it deems fit.

Renee, a mail-in ballot and a proxy are two different documents. I would never combine them into one document as apparently was done in your HOA and created confusion. So I would call it an HOA learning experience rather than tampering or stupidity by the PM. If you think there was tampering that would change the results of the election you can ask to review every election document.

ReneeD,
I am always surprised when I see some one post the question: Can the homeowners do this or that.

The Homeowners can do damn near anything that is not against the laws and that includes they can change procedures, most documents, all rules, most by-laws and Most of Master deed. That is not the problem. The problem is geeting the homeowners to realize they are still the power in their associations. They can boot out the Board, they can fire the manager, they can require you to double or triple or whatever your fees. They can write rules of conduct that govern your daily life.
They are the top of the heap. If you have trouble believing that look at what is bugging you and ten to one it is someother homeowner doing something you don't agree with, throw him out and do it yourself. But remember, it's a ton of work and a ton of responsibility and only few are good at the job. Not only can the homeowner make changes, it is their responsibility and obligation to support and participate in the governance of the association.