Proxy form- is this proxy illegal

Hi

Our association in NH has been having a nearly 2 year battle over the use of "directed proxies" which I have already posted about previously. Our BOD refused to even acknowledge that there is such a thing as a "directed proxy" and none of the owners had ever heard of these either until I found out they existed on this page.

This is just background - Don't want to rehash directed proxies. I know they exist and are legal.

Here's my question

The "general" proxy that was sent out for our annual meeting in Sept states the incorrect meeting type. A careless mistake perhaps, but does this careless mistake make the entire "general" proxy illegal for the annual meeting.

The general proxy states "for use at the Special Meeting on Sept 16". The meeting is NOT a Special Meeting - it is the Annual Meeting.

Can this proxy be used at the annual meeting, if it states for use at the special meeting?

We had a special meeting in June and the BOD did a careless job editing and left "special meeting" in the text.

Thanks
John

JohnC,
I agree with Ellen it is sloppy as you also mentioned but not illegal. I would point to the fact that it is not a Regular Meeting, it is a Special Meeting held annually generally known as the Annual Meeting.

Usually as the president of the HOA I approve the final draft of our meetings including the Annual Meeting. If this got by our PM and myself, I would share the blame. I would also move on with the meeting.

Not sure and will be asking my lawyer who is currently fighting the association to allow directed proxies as already allowed by law.

I see the proxy as a legal document granting another person permission to vote on my behalf at the meeting, and only the meeting, described on the proxy. If someone changes this AFTER i have signed to say amnusl meeting then thst is forgery.

If i write you a check for $10 and you change it to $1000 that is forgery.

Plus there is so much contention over directed proxies that the bod president sent out a notification thet if the proxy is altered in any way then the vote will be discarded.

This is a new twist. I still do not consider this a material change.

Damn straight it is. But this is a huge change.

I am glad you asked here before raising a kerfuffle. I continue to feel you should leave this be. The objection in your first post is too much like crying wolf or making a mountain out of a molehill. Just my opinion.

As for this new possibility (altering the proxy to say "Annual," I just do not see what you are getting at. I suppose owners should not alter the proxy at all.

If you are objecting to the confusion the proxy's wording ("Special Meeting") is causing, I get it. But then let's focus on how to address this confusion. So are you concerned about the confusion and proxies possibly being invalidated?

I do not see why directed proxy vs. general proxy is such a big deal, either. The bigger problem is you do not have the numbers to support your position, mixed in with people actually being satisfied with the status quo and so being apathetic? And you're paying an attorney a lot of money to fix what perhaps cannot be fixed except possibly by campaigning?

Thanks,

I am paying an attorney to force the association to accept directed proxies and to stop the practice of changing the ballot on election day AFTER the properly noticed agenda has been sent.

This is a vacation hoa and most owners are not their to vote at the annual meeting. I have done my homework, directed proxies are legal and owners want the ability to use them.

The bod's position is you have 2 voting options. show up in person or surrender your vote via general proxy

I agree with Ellen and Mark- it's true this is sloppy, and they should have been more careful after 2hat happened in June, but what does the rest of the proxy say?

Our proxies allow owners to designate someone to attend the meeting and vote on their behalf, use it to establish quorum (and nothing else) so you can have the annual meeting according to your documents, designate the board president to vote on your behalf or nominate yourself or someone to run for a seat 9n the board.

If you have similar language on this proxy, you should be OK, even though the board goofed on stating the type of meeting it is. I don't see where you asked the board about this - if you did, what did they say? If you didn't, why not? At this point, it would be easier to post a correct form on the community website, if you have one. People could download it compkete and sign it and return it by September 16. Or you can make an effort to attend the meeting and cast your vote in person.

I have not trick up my sleeve. I asked a simple question, is the proxy valid or not. period.

All i want to do is to have access to vote by directed proxy. period

I had a long post on this page from last year that i was trying to avoid rehashing but I guess i have to give additional details. When i postes this last year everyone here could t believe what we do.

The association had 456 owners and is seasonal.

We do not have a ballot. The agenda is mailed with the proposed voting articles and then at the meetng while the vote is in progress the articles can be amended/changed by on the floor amendments. So I am not sure what is the proper terms to use here to avoid being attacked. We send an agenda with voting articles. We do not send a ballot. The articles can be amended on electiom day which violates the 21 day proper notice law

I have not trick up my sleeve. I asked a simple question, is the proxy valid or not. period.

All i want to do is to have access to vote by directed proxy. period

I had a long post on this page from last year that i was trying to avoid rehashing but I guess i have to give additional details. When i postes this last year everyone here could t believe what we do.

The association had 456 owners and is seasonal.

We do not have a ballot. The agenda is mailed with the proposed voting articles and then at the meetng while the vote is in progress the articles can be amended/changed by on the floor amendments. So I am not sure what is the proper terms to use here to avoid being attacked. We send an agenda with voting articles. We do not send a ballot. The articles can be amended on electiom day which violates the 21 day proper notice law

Thanks Kerry,

Sorry,I misunderstood. I pretty sure it was either you or Ellen that educated me last year on the importance of the "proper notice" requirement. I have saved the quote one of you gave me and here it is "once the agenda has been mailed as required 21 day prior to the meeting, the NOTHING can change". We illegally could change the entire ballot.

I agree, the SPECIAL vs ANNUAL is a careless mistake, but it is a mistake. If the type of meeting isn't important, then why mention it on the proxy. Why not simply say "meeting on 9/16/2023" instead of "Special meeting on 9/16/2023".

I only want to vote by absentee-like Directed proxy. Our board denies that directed proxies even exist. I have hired a lawyer and it is costing me a lot, so this isn't friviolus.

Thanks

JOHNC73

While the title was wrong did it have an adverse effect?

Most of us aren't attorneys and what's true in one state may not be the case in another. You say you've hired an attorney so, you'll have to consider his or her recommendations on what to do next.

You still haven't mentioned the rest of the languages in this proxy - if it doesn't allow you to designate someone to vote on your behalf, then what does it do? What's the point of completing and returning it? Apparently these folks need to take a look at a dictionary to see what the word even means.

There's information around the internet regarding directed proxies, so it should be relatively easy to show you're not making this up. In fact, there should be something on the Robert's rules of order website about proxy voting, so you could start there. In the meantime if you want to press the issue, you'll have to make the time to attend this meeting and say what you want to say.

It sounds like an admission that it would be better to state "annual meeting" rather than "special meeting" on the proxy.