Eliminating voting by proxy for BOD elections

Hi,

We have a neighborhood resident who wants to put forward a motion that eliminates voting by proxy as an option to elect Board directors. (She is the wife of a resident who ran for and was not elected to our HOA board because he didn't get any proxy votes!). Has anyone in a Georgia HOA encountered a similar situation? It seems that the Georgia Property Owners' Association Act does not mandate voting by proxy (except when the lot is not owned by a natural person). How much of a headache would it be to have bylaws that only allowed in-person, absentee ballot, or internet voting? Does anyone out there use absentee ballot for Board elections? If so, can you explain how you have made it work in your community?

Hope this makes sense!

Thanks.

Thanks for the reply. I must be asking my questions wrong - because this is the type of answer I keep getting. :^) I know we can amend our bylaws and I know how we need do it. The question is - legally - does an HOA have to offer a vote by proxy when electing its Board directors? Are there any other HOAs out there that don't offer vote by proxy? If so, what has the experience been like? I'm wondering if it has been a headache not to have the proxy vote - because then how do you get your proxies to conduct Board business for the rest of the year?

Thanks!

I think the issue is that the Board can prevent abuses of proxy voting by implementing rules that put some structure on their use.

As said before on this site, proxy voting is a double edge sword.

I was called away on business one day before elections. I was too late for the absentee (write-in) ballot, but there was no way I could be at the meeting. So I was glad I had the proxy option (stated in our bylaws)and a neighbor carried my proxy form and entered it at an important vote.

But I have heard about REAL abuse from the posts here, including people running around and getting proxy forms signed in order to stack an election.

Even if you don't allow proxy voting, then at-meeting votes are combined with write-in (absentee) votes, and that can be a real mess, too.

On the other hand, if nominations are closed 15 days before elections, ballots mailed out and returned to Secretary, then floor nominations and write-ins can't be allowed also.

You said this motion would prohibit proxy voting FOR BOARD ELECTIONS only.

What else are you using the proxies for, at the present? (to establish a quorum?)

Barbara,

First of all, you MUST see if the State of Georgia has any Laws for HOAs with regards to proxy voting. I know that Fl does and we must follow the Statutes. So check first with your State. Georgia may state that you are required to offer them. Also check with your Articles of Inc and with the Not For Profit laws as that is where your association is filed under. Those laws are very explicit on voting proceedures.

I own 3 properties plus my home. 2 offer proxy use and 2 do not. So it is dependent on your documents. I am not a fan of proxy use EXCEPT in obtaining a quorum for meeting which require the quorums, like the annual and amendment meetings. For election purposes, they can be a total disaster if 1 person obtains a handful of them and can control an election of a selected candidate.

You do not normally need a quorum for monthly Board meetings. If that was required then there would hardly ever be these normal business meetings as no one shows up unless there is something going to change their costs and Board members. Even then, we have to bribe the members to do their duty and become involved.

BarbaraA4

Although I reside in Georgia, I don’t know the laws (do’s and don’ts) of association living as good as others. I do know that your governing documents will stipulate what can and can not be implemented as a means of voting.

I as well have mixed emotions as too proxy, as expressed above. I personally feel that proxies should ONLY be used to establish quorum.

I fully understand that SOME may not (for whatever reason) be unable to vote, however I feel that if they could not vote, they would make arrangements to do so, knowing that they wouldn’t be able to attend, therefore unable to vote on such important matters.

I have been a board member, now for two years and we too go through the same problem many HOA deal with every year.

Establishing quorum is like pulling teeth in our association! I suggested that the board member solicite for proxies (to establish quorum ONLY), therefore not “wasting” association money and/or time, by having to cancel and rescheduled because quorum wasn’t established at annual elections.

To reiterate, I feel that proxies shouldn’t be used for voting, ONLY absentee ballots should be counted as votes, NOT PROXIES!

Just my 2 cents
Chuck W.

CharlesW1 & PaulM - Curious why you think that proxies should only be used for establishing quorums only. Is there something in the wording of the proxy itself that is flawed, or is it something in the way proxies are counted? Just curious.

I'm inclined to respectfully disagree because it seems to me that proxies help to establish quorum in addition to providing a method to vote.

But I'm certainly willing to rethink my inclination if I understand your reasoning and the pitfall of proxy voting.

GeraldT4: This subject has been discussed at length previously. But, from a personal viewpoint, I will share as follows.

Proxies have received a 'bad rap' due to their misuse by Board members, those elected and those nominated to be on the Board. Consequently, it is always the proxy process itself that is tainted, though proxies can be worded too lax which gives the designated proxy-voter too much power and, power the original voter did not intend to give. Thus, I believe proxies can be worded incorrectly for their intended use, plus the proxy itself can be mishandled and open to fraud. So, why use a system with so many pitfalls?

I believe the Absentee Ballot provides a better use for those who are unable to vote at the meeting---in person. A ballot is sent to the resident (in good standing), ballot completed by the resident himself and then returned in a sealed envelope (within a stamped addressed envelope mailed to Secy or designated receiver). Absentee ballots are to be opened at the time of voting at the designated meeting, by a designated vote counter and counted along with the other votes cast. This presents a far less likelihood for fraud to occur. The only disadvantage is that those completing a ballot 'in absentia' do not have the opportunity to vote for one who may be a nominee from the floor (if allowed) since this late-candidate will not appear on the absentee ballot previously sent out.

Proxy voting is used in many states and by many Boards, but not always for the good. This is just my opinion. But, if you read the many postings on the subject you will find the incidents of misuse are real and the results cause great dissention in community elections. Not worth the effort.

GeraldT4,

Certainly don’t mean to come across as hasty by any means although, I feel it’s pretty SAD that homeowners are willing to “hand-over” their right, to someone else, as they see fit! THAT’S SAD. I/YOU BOTH READ ABOUT IT HAPPENING AROUND THE COUNTRY, YET IT CONTINUES AS THOUGH TO BE ONLY SELECTIVE, WHEN ITS NOT!

For the past two years I have solicited for proxies (to establish quorum), and therefore, I could vote for them. I and the president collected 43 plus proxies and of course she voted for me and herself, because the homeowners whom she collected them from wanted her to a board member.

Because (as you know) members are reluctant to make an appearance therefore, countless dollars are wasted renting the facilities and preparing for such meetings. Nothing is productive, therefore a waste of time. IT ISN’T WORTH IT!

I feel that a ballot should be mailed and as well as proxies although proxies wouldn’t be used for VOTING, that’s what the ballots is for. Nominations from the floor can still be requested as always. I DON’T SEE ANY PROBLEM WITH NOT ALLOWING PROXY FOR VOTING!

Do you have any other suggestions? You always have very good advice. I would be curious to hear your thoughts on this particular subject matter.

Chuck W.

GeraldT4,
I hear what you are saying and agree, with you, to a certain extent. However the current and previous BOD is only doing what must be done in order to abide by the governing documents themselves, In regards to their role as board members.

I DON’T SEE HOW PROXIES BENEFIT THE COMMUNITY? Establishing quorum will benefit the association, thus eliminating proxy voting will contribute to doing just that. I personally feel that proxies should NOT be used for voting purposes PERIOD!

Ballot, email voting or what have you would be alright, I guess?!

I feel that “IF” NONE of the above is chosen or the HO isn’t present to vote then their VOTE DOESN’T COUNTS, SIMPLE! Only those present or by other means other than proxy will count.

Chuck W.

GeraldT4,

THANK YOU, so basically all I would need to do is amend our governing documents to read, voting by proxy will NOT be valid and say any ballot submitted in advance or in person will be accepted/and considered valid, something along those lines.

I’ll make that suggestion to the board immediately.

Thanks, I knew there was just a miscommunication. I appreciate your knowledge as I clearing didn’t understand the function of both in any association.

Thanks again,
Chuck W.

The state of Arizona has eliminated proxy voting completely. The agenda and candidates must be included with the information packet mailed to all members. If there is an issue requiring member vote, it must be included on the ballot. Mail in ballots must be signed by the owner if not attending in person, and cannot be assigned. Mail in ballots count toward quorum. Since all candidates and issues requiring a vote must be on the ballot, no floor nominations can be made, nor floor motions made that would require a vote of the members.
Simple. It works. This prevents a board - or floor member - from bringing up - railroading - an issue that would affect all members, without giving members not in attendance a chance for input. Harold