💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RosalieP1 (Florida)
Posts: 13
Posted:
For as long as I can remember, our HOA proxy forms have always stated that if no designated voter is assigned, the vote would revert to the Secretary. Our governing documents say nothing about this—only that all proxies must be filed with the Secretary.
For this year’s annual meeting, which included a Board of Directors election and proposed Bylaws and Covenant changes, the wording was suddenly changed to say that if no designated voter is assigned, the vote would revert to the President. The President happened to be up for reelection, and ultimately kept her seat by just four votes.
No one knew about this change until the proxy forms were released. We were told that the President discussed it with the HOA attorney and was told it was acceptable, but it was never brought up at a meeting. Everyone was blindsided. In effect, the President had the proxy language changed in a way that directly benefited her.
To add to that, she received the lowest number of votes among those elected (the member‑at‑large received 66 more votes), yet she took control of the organizational meeting, announced the roles for all new directors, and once again appointed herself President. She did get a second on her motion and one “aye” vote, so it is what it is. With only six people running for a five‑member board—and the three new candidates receiving the highest number of votes—having the two previous members (who had the lowest vote counts) remain on the board was essentially a given.
While maybe not illegal, totally unethical!
Thoughts?
TimB4 (Tennessee)
Posts: 21,059
Posted:
The problem appears to be that the Association is using a general proxy (which is typical).
General proxies allow the proxy holder to vote however they think is best.

Next time, or before the next meeting, gather support and have the Association utilize a directed proxy.
Directed proxies specify that the proxy holder must cast the ballot as "directed"

Even if the Association provides a general proxy form, there is nothing stopping you from using a directed proxy.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I will say that it is normal for a Board to designate someone to vote the proxies they received.
Our board does not use the Secretary for that job because they have enough to do during the annual meeting.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By RosalieP1 on 04/03/2026, 7:15 AM

For this year’s annual meeting, which included a Board of Directors election and proposed Bylaws and Covenant changes, the wording was suddenly changed to say that if no designated voter is assigned, the vote would revert to the President. The President happened to be up for reelection, and ultimately kept her seat by just four votes.
No one knew about this change until the proxy forms were released. We were told that the President discussed it with the HOA attorney and was told it was acceptable, but it was never brought up at a meeting. Everyone was blindsided. In effect, the President had the proxy language changed in a way that directly benefited her.
To add to that, she received the lowest number of votes among those elected (the member‑at‑large received 66 more votes), yet she took control of the organizational meeting, announced the roles for all new directors, and once again appointed herself President. She did get a second on her motion and one “aye” vote, so it is what it is.

1.
The Board, not the President, is supposed to make decisions like who votes proxies. If the President disagrees, have the President convene a meeting of the board with the attorney, and ask whether the board should have voted on what goes on the proxy form.

2.
No one board member or HOA officer should be voting proxies anyway. To say the least, best practices is for those proxies that do not designate a specific person to be voted the way a board majority wishes.

3.
This is a board of five directors. Nothing is stopping a board majority from removing this one director from the position of President and voting someone else in as President. Why doesn't the Board do so? Maybe the Board needs to meet with the HOA attorney to affirm this point as well.
LaskaS (Texas)
Posts: 1,025
Posted:
what ellen said.
Also, association documents don't usually stipulate the requirements for the content of proxies. Proxies must contain specific information, but as long as they contain those requirements, date, time, location, what the proxy is being used for, they can be valid. I hate general proxies. They favor an entrenched board . Many owners sign the proxies just because they are asked. They don't have opinions one way or the other. I always rewrite proxies to ensure the are specific and directed and give the owner a chance to direct the proxy holder on how to vote on the issue.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here