proxy given to someone who then gives their proxy....who gets it?

I think what you're asking is that if A has been named as proxy by someone, are they allowed in turn to name a third person to act for the person who named A to cast their vote?

IANAL, but unless the proxy form states otherwise, the proxy only applies to limited and specific actions, such as counting toward quorum and voting. It does not grant the proxy holder any rights beyond that, including the right to pass the proxy granter's vote to a different person.

It think it's a mistake to view proxies as giving people "power of attorney" which can be much broader.

What Cathy said. I would think if A named B the proxy for the annual meeting, the only way C gets to act as proxy is if A, not B authorizes him/her to do so. That would mean tearing up the first proxy and issuing another one. I suspect if this happened in our community, we'd look at the date the proxy was signed - if A's signature isn't on the new one naming C, it's invalid. If the proxy showed up after the meeting, it's not even valid.

And if A decided to attend the meeting personally and vote, both proxies would be cancelled and B and C would be out of the picture entirely.

Boy, Adam, the more you post about your community, the more f----d up it sounds - maybe you guys should call both meetings off and hire a parliamentarian or several to run the election. I wouldn't even bother with proxies - for this one everyone will have to show up and cast a vote personally since it appears homeowners don't know or care enough to read them and/or the board (or the association attorney) dont know or care how to write them.

additionally, the president spent about 10 minutes discussing his 'side', and then did not allow members from the floor to openly discuss and question anything. He pressed quickly for a vote. He also stated that the Bylaws control everything in the HOA and are dominant to the CCR's...and then when challenged on many issues of the proposed bylaws, he simply said, "We're not going to discuss and argue the specifics".

Lastly, the Bylaws did not pass the vote, and the President then said that he would just go solicit more votes from absent members to get a "vote by consent".....

just WOW.

At an owners' meeting. Where the bylaws say Robert's Rules apply. What an incompetent jerk. But one that yes, the Board chooses to keep as President.

At least the bylaws did not pass the vote.

Yikes, it sure sounds like these folks are just itchin' for a lawsuit. I'm afraid that unless a decent percentage of homeowners band together and say "not happenin'", the bad actors will eventually succeed in ramming through these changes.

On the plus side, even if they do succeed the bylaws do not trump CC&Rs unless your state is unusual, regardless of what they think. And it does sound like some of your fellow homeowners understand what's going on.

I'm afraid this will boil down to replacing the entire board (much work but cheaper solution) or filing a lawsuit (less work for homeowners but time-consuming and expensive).

Of course he will - and he may very well get them if those of you who attended the meeting don't get out and educate your neighbors and encourage them to join your movement. I've said this more than once, but I STILL don't see where you tried that approach. Not sure if you're concerned about the time and work involved, or that no one will listen to you, or would rather dunk it in court (get out your checkbook if you do), but as Cathy noted, this is the best way to get the change you want.

Coming here with various questions and asking opinions is fine, but it won't do a damned thing until you put words into action. If people won't listen to you for whatever reason, surely there are other homeowners who feel as you that could serve as a spokesperson for the group. lot off, take a walk around your community and find them. And set some priorities - you might start with sacking and replacing the board, and then address the amendments. That part may take more time to address, so pick the areas that appear to toss transparency with the homeowners.

Now, are you going to continue to complain or try something else, since complaining hasn't gotten you very far?