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LouH1 (Michigan)
Posts: 214
Posted:
Does anyone know if there is a limit on the number of proxy votes one can get when voting for HOA Directors in Michigan? Is there a limit? Also, who determines how the annual meeting voting takes place? Can the co-owners insist on mail in voting because many are very elderly and can't personally come to the meeting. We had mail in voting this past year because of covid and we had over an 80% participation rate. the Directors would rather use all their proxies and get their cronies elected. So what can we do, can we petition the co-owners and get a majority to support mail in voting or what. No where in the by-laws do I see anywhere that the directors get to decide the method of voting. It says Votes may be cast only in person or by a writing duly signed by the designated voting representative not presentation a given meeting in person or by proxy. Proxies and any written votes must be filed with the Secretary of the Association at oer before the appointed time of each meeting of the members of the Association. Cumulative voting shall not be permitted. Says a majority, except where otherwise provided herein, shall consist of more than fifty percent of those qualified to vote and present in person or by proxy (or written vote if applicable) at a given meeting of the members of the Association where a quorum is present. So how can we vote by mail again?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Use directed proxies.

Directed proxies specify how the vote is to be cast, vs. leaving it up to the proxy representative.
KerryL1 (California)
Posts: 14,550
Posted:
Can't your property manager answer your questions, Lou?

Your wrote this, but it doesn't make sense: "It says Votes may be cast only in person or by a writing duly signed by the designated voting representative not presentation a given meeting in person or by proxy." Please write the EXACT words from your Bylaws.
MaxB4
Posts: 3,513
Posted:
Technically, the Board doesn't have the authority to change state law or the Bylaws to allow for mail-in voting. In the last presidential election, because of the pandemic many states modified their rules to allow for mail-in ballot, or put another way, to help accommodate voters. Now we are finding that some states want to limit how many people vote and are changing the laws to benefit one party over the other.

I am a firm believer in getting as many people to vote as possible, as long as the vote is legitimate. But because of quorum, sometimes it works to the benefit of the incumbent board for a small number voting so quorum can't be reached and they stay in power.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Lou

I suppose one could run an election strictly by mail in:

1. A letter to each owner soliciting people to run for the open BOD positions. Asking they submit their name via US Mail, Email, whatever. The letter would also say that voting will be done via US Mail and owners will be notified in say within 60 days how to do so.

2. The association draws up a Proxy and sends one to each owner, via US Mail and have each owner mail it back. Include as self addressed, stamped return envelope to ensure more participation. The Proxy contains the names of those running and how many one can vote for. Might even consider the Proxies be returned to an independent 3rd party (local Minister, etc.) for counting thus eliminating any BOD or PM hanky panky.

As Max said, and I agree with, as long as the BOD/PM appears to be trying to run an open/honest election is what in the long run matters especially if the letters/Proxies are drawn up by an attorney versus a BOD trying to play lawyer.

Just be open and honest.

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