Legal Proxy

Started by SylW • 4 replies • 2323 views

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SylW (North Carolina)
Posts: 2

Posted:

Our President calls all the home/property owners that are out of town asking them to give him their proxy votes so that he can control all matters at the HOA meetings and also to get voted in other board members that will agree with him. There are 3 others that do the same thing. I thought a proxy was a legal document like a Power of Attorney that must be given freely and not soliciated. There is nothing to cover this in our covenants. He has been a "little Ceasar" since he became President and has another year to go. Is it legal for him to do this? We are in North Carolina

BrianB (California)
Posts: 2,820

Posted:

does he get their signature on a proxy note? then it is legal. Just because i ask you for something doesn't mean it wasn't freely given. dont be jealous because he is better at it than others, get out there, make the calls, and beat him at his own game.

SylW (North Carolina)
Posts: 2

Posted:

Thanks, but we will be moving soon, but this is creating a hardship on some of the elderly who have been here for years. Other things I have read suggest a proxy must state what he/she is voting on. He uses the proxy for every issue and voting for every position on the board that become available. He is complaing that the lighting is unwanted in the development. This is a hardship for the ladies that live alone and the elderly for that matter that needs a light at night for safety reasons.

BrianB (California)
Posts: 2,820

Posted:

Yuo should have a look at your governing docs... typically, owners vote ONLY for board members, then the board members vote to fill positions on the board. Owners do not typically vote for president, VP, etc.. Owners also do not typically vote on the monthly business of running the HOA either, again, that's up to the board. it sounds like he is misusing the rules a bit.

Some states allow open proxies ("and other matters that come before the assemblage"), others require a stated voting slate. Check on y our state to see. Or, live in Arizona, where Proxy voting is illegal!

SusanW1 (Michigan)
Posts: 5,202

Posted:

What do your bylaws or other governing documents say about the PROCEDURE for using proxies. Do they say the President procurs them? Can they be mailed into the Secretary. Are they designated proxies or general proxies.

It sounds like your proxy procedure is WAY too lax!!

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