How do you limit the number of proxies and owner can receive?

Started by PatriiciaR • 6 replies • 122 views

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PatriiciaR (Texas)
Posts: 32

Posted:

Does anyone have an amendments or other document that states an HOA owner is only permitted to have so many proxies? I would like to see a copy of it.

We have an investor that is sue happy when he is told no. He is gathering his proxies that he alters to his preference to gain a majority vote. He doesn't succeed but still tries to force his agenda that benefits him.

Thanks

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By PatriiciaR on 07/14/2025 7:24 AM
Does anyone have an amendments or other document that states an HOA owner is only permitted to have so many proxies? I would like to see a copy of it.

I believe that a court would refuse to enforce such an amendment unless 100% of owners voted in favor of it. Why? Because taking away this important power is not reasonable. The courts say amendments must be reasonable.

Gathering proxies is a time-honored and lawful tradition in corporate America.

Quote:

Posted By PatriiciaR on 07/14/2025 7:24 AM
We have an investor that is sue happy when he is told no. He is gathering his proxies that he alters to his preference to gain a majority vote.

Present your proof he is altering proxies to the election inspector. If the inspector agrees the proxies were unlawfully altered and disqualifies them, problem solved.

PatriiciaR (Texas)
Posts: 32

Posted:

The document was drawn up by an HOA lawyer and filed with the courts.

PatriiciaR (Texas)
Posts: 32

Posted:

We have an outside source countig proxies and votes

DeanJ
Posts: 1,786

Posted:

I suppose you view this as limiting how many proxies an owner can have, but in reality you want to regulate who an owner may give a proxy to. A court will see through this scheme.

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By PatriiciaR on 07/14/2025 10:35 AM
The document was drawn up by an HOA lawyer and filed with the courts.

One does not "file with the courts."

You would have to describe exactly what was filed and with what authority it was filed.

Amendments to the HOA Declaration are recorded with the county clerk.

It is a huge legal deal to presume that an owner, who never signed a proxy form, wants to assign the board as a proxy. Huge. When the board uses this illegal work-around to pass a major amendment to the Declaration, or establish quorum, owners' attorneys will be justified in sending demand letters right and left. That's just to start.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The Board makes sure that the membership is informed (i.e. transparency).

The Board solicits members to provide proxies to the board vs. an individual.

The Board uses directed, vs. general, proxies allowing someone to assign person x to be their proxy representative but to cast their vote in a specific way.

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