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ReneeD (Illinois)
Posts: 201
Posted:
Is it absolutely necessary for the homeowner to complete ALL blank lines on proxy/ballot form? What constitutes a correctly completed proxy/ballot?

For example, our form starts with "I, (print name), owner of (address/unit) at [association name] do hereby constitute and appoint (proxy holder's name inserted here) or if no name is inserted, the Board of Directors as attorney and agent for me to vote as my proxy at the Assocation meeting on (insert date of meeting)..." Then, at the bottom of form, "In witness whereof, proxy is executed this (insert date) day of August/September 2008. Below this is an area for homeowner to Print, Sign, and include their mailing address(again). Because of scheduling conflicts, the BOD and PM were not certain on what month our Annual Homeowner meeting should be held. Should the homeowner have circled or underlined the month or does it really matter? If there is no date, is this considered an incomplete form and, do the votes on that proxy/ballot count?

One vote per unit is allowed; owner of record according to Recorder of Deeds is the only person entitled to vote unless there is a current letter on file designating a significant other. If that is the case, shouldn't the PM have included a copy of this attached with proxy/ballot form. Since the latter is not being done, who actually has the right to determine if the person whose name appears on the form is a valid form---the PM or BOD? -ReneeD
RogerB (Colorado)
Posts: 5,067
Posted:
Renee, this is a proxy not a ballot. An owner of record needs to sign the proxy and list the date is the day the proxy is signed. If not properly signed and dated the proxy should not be counted. The date of the meeting should be printed on the proxy form. It is the responsibility of the secretary to determine if the proxy is valid, but this can be delegated and often is.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Why is the PM involved in the election process? This is the Secretary's duty (to verify member's voting rights) The PM should not be touching ballots or proxy forms, at all.

A Teller should be appointed to count and verify that proxy holders are casting casting correctly at the election. Voter anonymity should be protected, at all costs.
RogerB (Colorado)
Posts: 5,067
Posted:
Susan, as the PM we are involved; many of the duties are assigned to us by the Board. We prepare and mail to each member the notice of meeting, agenda, and proxy. We maintain the list of owners of record and list of delinquent accounts. We conduct the sign-in at each members meeting and provide ballots to eligible members. If mail-in ballots are allowed we provide them to the Tellers before the meeting begins. After the voting is completed the Tellers Committee collects and counts the ballots and provides the results to the Chair.
ReneeD (Illinois)
Posts: 201
Posted:
Roger, our BOD prefers to use this 'proxy/ballot' format just in case the homeowner does attend, it is pulled and they are given an actual ballot to complete. The date on the form where homeowners had to sign/print their names at this year's election had August/September ____, 2008. There were a few homeowners who actually included the date and also circuled the month; others showed only the date. My question would be is it necessary to circle the month as well for it to be considered a "complete" form? -ReneeD
SusanW1 (Michigan)
Posts: 5,202
Posted:
Renae - what a mess.

My guess is that it will be a problem ONLY if someone complains and/or objects.

The proxy/ballot will have to be dated by the secretary or whomever validates the proxy when they receive it. Usually there is some verbiage on the proxy that says how long it is valid for.

Start with the date it was "validated."
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By ReneeD on 09/29/2008 9:44 PM
Roger, our BOD prefers to use this 'proxy/ballot' format just in case the homeowner does attend, it is pulled and they are given an actual ballot to complete. The date on the form where homeowners had to sign/print their names at this year's election had August/September ____, 2008. There were a few homeowners who actually included the date and also circuled the month; others showed only the date. My question would be is it necessary to circle the month as well for it to be considered a "complete" form? -ReneeD

Yes. But it would have been made clear if the form simply had 3 lines with the following below each consecutively:
a) Print name of owner of record;
b) Signature of owner of record; and
c) Date

Attached is an example of one kind of proxy.

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