proxies

Started by TristaJ • 10 replies • 279 views

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TristaJ (Texas)
Posts: 96

Posted:

Hello all!

Coming to get some expert advice. Houston, Texas and run under TPC 209. Our new PM sent out proxies, only proxies, no ballot -- the old PM sent out ballot proxies -- so my question is, can a member assign their proxy to the mgt company? It doesn't say one way or the other in the bylaws so I'm a tad confused.

thank you,

Trista

TimB4 (Tennessee)
Posts: 21,059

Posted:

There is no such thing as ballot proxies.

There are two types of proxies:

1) General - you name someone to be your representative and to vote how they think is best at the meeting.

2) Directed - You name someone to be your representative and to vote how you direct them to vote.

I believe that what you are calling ballot/proxies are, in reality, directed proxies.

I've attached an example of both.

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📝1111354560771.doc(26 KB)

📝1111354566954.doc(32 KB)

TimB4 (Tennessee)
Posts: 21,059

Posted:

I think your management company sent out a general proxy this year and last year sent out a directed proxy.

The management company should be complying with the boards desires.
You might want to check with the board directly.

If there is an issue up for election that you are concerned about, I would suggest that you collect proxies naming you the representative and attend the meeting. This way, you might have a larger say.

TristaJ (Texas)
Posts: 96

Posted:

I've attached the first proxy we were sent. I am on the board and there is a lot of confusion this year be/c of new PM.

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📄1111512964171.pdf(640 KB)

TristaJ (Texas)
Posts: 96

Posted:

hopefully this will work. the PM called it a proxy ballot

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📄11115381554.pdf(396 KB)

TimB4 (Tennessee)
Posts: 21,059

Posted:

Yep, the proxy/ballot was a directed proxy.
You were sent a general proxy this year.

TristaJ (Texas)
Posts: 96

Posted:

PM sent both of those this year. My question on the short proxy, can members direct the PM to be their proxy?

BillH10 (Texas)
Posts: 1,217

Posted:

In Texas, members of the Association may designate anyone they choose to be their proxy--a neighbor, friend, relative, another member of the association including any member of the Board, the PM (although I would not encourage that), you name it. The person holding the proxy must identify themselves to the satisfaction of those granting access to the meeting.

I must say, the wording on the ballot you posted raises the hair on my neck: there is no such document as a proxy ballot.

There is a proxy:

1. For purposes of quorum only

2. A directed proxy which also counts toward a quorum

3. A general proxy, such as may be assigned to the President, which also counts toward a quorum

4. There is an absentee ballot, such as you posted, but it most assuredly is not a proxy in any way shape or form although it too also counts toward a quorum. The language on the absentee ballot is mostly correct, including the lines for the signature which is a requirement of any ballot in Texas cast in a TPC209 election, absentee or in person.

It seems someone or several someone's in your property management company should have some remedial training regarding the language and use of proxies and absentee ballots. There should have been a page of explanation/instructions which accompanied the material you received.

TristaJ (Texas)
Posts: 96

Posted:

thank you, Bill.

Y'all will see me on the news if members give our PM (I just think he's a complete idiot) their right to vote. I will lose my sh*t! He has gotten so many things wrong. I can't stand him.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Trista

Pay attention to Bill for TX things. That said what you posted is an Absentee Ballot, not a Proxy. I do not even see it be counted toward a Quorum, but another subject.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By TristaJ on 11/01/2022 2:45 PM
PM sent both of those this year. My question on the short proxy, can members direct the PM to be their proxy?

Yes. If a director is unhappy with management and is in the minority on this issue, then oh well. It's on you either to go door to door or possibly use other means of communication (available to all owners) to campaign and tell people to assign their proxy to you or one of your supporters, or even better, just use the absentee ballot.

I presume your HOA is under TPC 209. The latter Texas statute section permits owners to vote by absentee ballot. Which I think is good.

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