Proxy and Ballot - Don't know where to start

Started by PatJ1 • 12 replies • 155 views

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PatJ1 (North Carolina)
Posts: 15

Posted:

Condos in North Carolina. We haven't had a quorum at an annual meeting in over 30 years. All board members are appointed and we presently have a board from outer space.

I see so many things wrong with this I don't know where to start.

PROXY AND WRITTEN BALLOT FOR THE ELECTION OF BOARD MEMBERS

Looney Association, Inc.

Tuesday, March 4th, 2025, at 6:30pm

Please complete and return this Written Ballot no later than the date set for the Annual Meeting of the HOA stated above. The following methods for casting this Written Ballot are acceptable:

1. Physical Delivery: You may vote for the candidate(s) of your choice by marking the nominees below and/or by writing in the name of your preferred candidate(s) below. You may bring your signed and completed ballot to the Annual Meeting.

2. Mail, Text, or Email Returns: You may vote for the candidate(s) of your choice by marking the nominees below and/or by writing in the name of your preferred candidate(s) below. You may return your signed and completed ballot by regular mail, fax or email as follows:
1) Scan and email your signed proxy form to xxxxxxxxxxxxx
2) Text your signed proxy form to xxxxxxxx or
3) Mail your signed proxy form to xxxxxxxxxxxxxxxx

3. Appoint a Proxyholder to vote for you: I/We hereby appoint (print name) as _____________________
my/our duly authorized Proxyholder to represent me/us and to vote on my/our behalf. The Proxyholder will affix this Proxy designation to his or her own Written Ballot, and the vote(s) of the undersigned shall be counted in favor of the Director selections specified on the Proxy-Holder’s Written Ballot (in addition to the Proxy-Holder’s inherent vote(s)).

Note: All proxies must be completed prior to the Annual Meeting and sent in by the actual
homeowner not the assigned proxy. The designated proxy must be a property owner. If you do not
know a property owner, any current board member can be appointed as your proxy. If you do
not specify a board member but simply designate “Board Member” as your proxy, the president
of the board will be considered your proxy.

*****Please note, we will not accept proxies from
another homeowner and all proxies must be submitted in advance of the meeting.

Please return Proxy by 4pm on Tuesday, March 4th, 2025

Please select only 5 candidates
(selecting more than 5 will void your ballot )
The Green Martian
R2D2
Fred Flintstone
Herman Munster
Mork
Big Bird

Owner (Signature Required)
Sign: Date:
Print:

Co-Owner (optional)
Sign: Date:
Print:

Address or Lot Number:

JackieB4 (California)
Posts: 398

Posted:

Pat, Your humor will pull you through many obstacles!! Moving onward....and I might have missed your point...but member apathy is what I read here???? It seems like your election materials are clear and fairly standard. Help....using the KISS principle, what's your concern?
Jackie (CA)

SheliaH (Indiana)
Posts: 6,964

Posted:

What Jackie said. This letter is close to what we have and our annual meeting is coming soon. We can use our proxy to:

(1) designate anyone as a proxy (as long as they're at least 18), otherwise the board president will cast the vote on your behalf

2) establish quorum only - need 10% or more of homeowners to show up or return a proxy. If you send in a proxy, then decide to show up, the proxy is canceled and you can vote as usual

(3) nominate ourselves or another homeowner for a seat on the board. If the board president is voting on your behalf, he/she must vote for whoever you list, otherwise he/she makes the decision on your behalf (because you didn't state otherwise)

The election is usually held near the end of the meeting, so it's a matter of the people present to vote you in or a write-in candidate to et enough proxies and attendees to vote for him/her. I think the last time we had someone else to volunteer for a spot was three years ago - don't know if she's still on the board. The rest were elected by acclamation because there weren't any nominees.

We have one vote per unit, so co-owners have to decide between themselves who will complete and sign the proxy

Now, what's your problem - be specific, please. Note the real problem is your neighbors who've decided not to get involved for whatever reason. Without quorum, you don't have an annual meeting or a board election, so whoever's currently serving continues until voted out or he/she resigns.

If you're not happy with the nominees or the proxy (or both), you'll have to show up at the board meeting, speak your piece and vote. Your documents may state if nominations can be taken from the floor - if so, hold your hand up and see if you can get on the board that way, then you can do what you can to change things.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Expecting that your association is incorporated as a nonprofit (most are, but check to be sure), NC § 55A‑7‑24. Proxies would apply.

In my opinion, unless your governing documents specify that proxy representatives must be owners, a member may appoint anyone to be their proxy representative.

See:

State Law Allows For Easy Proxy Voting

FAQ's About NC Homeowner & Condominium Associations - Part I by a NC attorney. See FAQ #9 and #11

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TimB4 on 02/14/2025 1:38 PM
Expecting that your association is incorporated as a nonprofit (most are, but check to be sure), NC § 55A‑7‑24. Proxies would apply.

In my opinion, unless your governing documents specify that proxy representatives must be owners, a member may appoint anyone to be their proxy representative.

See:

State Law Allows For Easy Proxy Voting

FAQ's About NC Homeowner & Condominium Associations - Part I by a NC attorney. See FAQ #9 and #11

I believe what the notice is saying is the owner must submit the proxy. It can’t be submitted on your behalf by another owner.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By PatJ1 on 02/14/2025 8:01 AM
Condos in North Carolina. We haven't had a quorum at an annual meeting in over 30 years. All board members are appointed and we presently have a board from outer space.

I see so many things wrong with this I don't know where to start.

PROXY AND WRITTEN BALLOT FOR THE ELECTION OF BOARD MEMBERS

Looney Association, Inc.

Tuesday, March 4th, 2025, at 6:30pm

Please complete and return this Written Ballot no later than the date set for the Annual Meeting of the HOA stated above. The following methods for casting this Written Ballot are acceptable:

1. Physical Delivery: You may vote for the candidate(s) of your choice by marking the nominees below and/or by writing in the name of your preferred candidate(s) below. You may bring your signed and completed ballot to the Annual Meeting.

2. Mail, Text, or Email Returns: You may vote for the candidate(s) of your choice by marking the nominees below and/or by writing in the name of your preferred candidate(s) below. You may return your signed and completed ballot by regular mail, fax or email as follows:
1) Scan and email your signed proxy form to xxxxxxxxxxxxx
2) Text your signed proxy form to xxxxxxxx or
3) Mail your signed proxy form to xxxxxxxxxxxxxxxx

3. Appoint a Proxyholder to vote for you: I/We hereby appoint (print name) as _____________________
my/our duly authorized Proxyholder to represent me/us and to vote on my/our behalf. The Proxyholder will affix this Proxy designation to his or her own Written Ballot, and the vote(s) of the undersigned shall be counted in favor of the Director selections specified on the Proxy-Holder’s Written Ballot (in addition to the Proxy-Holder’s inherent vote(s)).

Note: All proxies must be completed prior to the Annual Meeting and sent in by the actual
homeowner not the assigned proxy. The designated proxy must be a property owner. If you do not
know a property owner, any current board member can be appointed as your proxy. If you do
not specify a board member but simply designate “Board Member” as your proxy, the president
of the board will be considered your proxy.

*****Please note, we will not accept proxies from
another homeowner and all proxies must be submitted in advance of the meeting.

Please return Proxy by 4pm on Tuesday, March 4th, 2025

Please select only 5 candidates
(selecting more than 5 will void your ballot )
The Green Martian
R2D2
Fred Flintstone
Herman Munster
Mork
Big Bird

Owner (Signature Required)
Sign: Date:
Print:

Co-Owner (optional)
Sign: Date:
Print:

Address or Lot Number:

I like your HOA’s process.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DeanJ on 02/14/2025 7:20 PM

I believe what the notice is saying is the owner must submit the proxy. It can’t be submitted on your behalf by another owner.

I agree with you on that.

What I'm thinking is a violation of the statute would be that the proxy representative can only be another property owner:

Quote:

Posted By PatJ1 on 02/14/2025 8:01 AM

The designated proxy must be a property owner.

PatJ1 (North Carolina)
Posts: 15

Posted:

Interesting responses. I have never seen a proxy that contained the ballot and was required to be sent to the board 2 hours before the Annual Meeting.

They say that proxies, and therefore ballots, will not be accepted at the meeting.

Do any of your HOA's do this?

I can understand filing the proxy with a designated voter prior for establish an anticipated quorum, but shouldn't the ballot be voted on at the meeting by the proxy holder?

SheliaH (Indiana)
Posts: 6,964

Posted:

The point of having a proxy is to have someone show up on your behalf and cast a vote because you aren't there to do yourself. If you decide to attend, you can cast your own vote and shouldn't need a separate ballot. At the election portion of the meeting, you can take nominations from tbe floor and everyone there can vote by a show of hands.

After that, the ballots can be opened and those numbers added to the 9nes obtained during live voting to determine the winners. Seems easy to me, provided the people doing the counting aren't affiliated with any board member or candidate.

There's nothing wrong with setting a deadline for ballots to be turned in, as long as everyone got a timely notice. If you couldn't figure out how to cast your ballot until 2 hours or less before the meeting, you may as well show up in person, and if you can't, give your proxy to someone else. As long as you filled it out properly, it should be accepted.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

PatJ1 (North Carolina)
Posts: 15

Posted:

*****Please note, we will not accept proxies from
another homeowner and all proxies must be submitted in advance of the meeting.

They are not allowing proxies at the meeting.

ElleN (Idaho)
Posts: 1,333

Posted:

Quote:

Posted By PatJ1 on 02/14/2025 8:01 AM
[from the HOA's election/voting instructions]
Note: All proxies must be completed prior to the Annual Meeting and sent in by the actual
homeowner not the assigned proxy.

This looks like the Board trying to prevent fraud.

Some case law on proxies says that boards may not add proxy requirements that are outside the bylaws and place an undue burden on voters.

If push came to shove, I am not sure what is happening here would pass such a test (be outside the bylaws and place an undue burden on voters).

It's not a hill on which I would want to die. Those seeking election to the board can still go door to door and provide owners with a self-addressed stamped envelope and the correct form for assigning a proxy, so the owners can send in the form.

JeffT2 (Iowa)
Posts: 880

Posted:

Proxies and ballots should not be mixed on the same form, which is good advice in most states.

This is from a law firm in NC.
"
--Notice of meeting materials sent to the membership in advance of the meeting date should never include both a written ballot and proxy appointment form – only one or the other.
--The manner in which the meeting is being held determines whether a proxy appointment form or written ballot should be utilized.
--A proxy appointment form should be sent to the membership only if voting is to be conducted at an in-person or virtual meeting.
--A written ballot form should be sent to the membership only if voting is being conducted outside of a formal meeting, by returning ballots by mail/electronically per the deadline in the notice of meeting.
"
Here is the link to the article on the abovehttps://jordanprice.com/blog/community-associations-the-difference-between-a-written-ballot-and-proxy-and-why-it-matters/

Here is another NC law firm link that says the same:

"...the notice of meeting sent to the membership should never include both a proxy appointment form and a written ballot."

https://www.wardandsmith.com/articles/written-ballot-vs-proxies

PatJ1 (North Carolina)
Posts: 15

Posted:

Quote:

Posted By ElleN on 02/16/2025 8:28 AM

It's board fraud owners are concerned about. The board will only allow their form.

They have repeatedly violated the governing documents. Closed board meetings for 5 months, they met every week, to executive privilege so they don't have to provide minutes.

I've already moved and am readying my condo for sale. We accomplished so much during my 9 years on the board and turned over a viable comprehensive plan. They destroyed us in less than a year.

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