Can Someone Help Me Define This?

Started by CharlieS • 11 replies • 1275 views

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CharlieS (Tennessee)
Posts: 21

Posted:

Can you explain what this wording means, It is from a proxy vote statement sent out by the Board.

I hereby appoint (our Secretary) of (Our HOA) with full power of subsititution to vote as proxy for me to electe the following of the General meeting of (Our HOA)

Below this is the ballot with different choices

Charlie

SusanW1 (Michigan)
Posts: 5,202

Posted:

It means diddley - you just gave the Secretary of the HOA FULL proxy voting rights in the election, as she/he see fit.

SusanW1 (Michigan)
Posts: 5,202

Posted:

"with full power of surbstitution" means the proxy holder can substitute another person to act as proxy.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Sorry Charlie, I took an alternative meaning to the directions, as stated in that proxy. It's very vague and not worded well.

It SHOULD have directed the proxy "to cast my vote as indicated on the enclosed ballot."

IF that's what it means, then the proxy holder should vote the way you have indicated.

CharlieS (Tennessee)
Posts: 21

Posted:

Thanks Everyone,
It's a big week at our HOA. I have been fighting with them and now I am running for a board position. Its to much to explain all at once but I have gotten great advice here and really like this forum. I sent out a letter asking the non voters to let me vote proxy for them and the board sent out a letter stating you can not do that. Its really been a mess.
Thanks again,
Charlie

GlenL (Ohio)
Posts: 5,491

Posted:

Do your CC&R's allow proxies? Some specifically forbid them. However if yours do allow them then you can print up your own proxy naming yourself as proxy holder. Even if the H/O has given their proxy to the secretary on 10/26/08 if you have one dated on 10/27/08 with a line declaring all prior proxies signed by the individual null and void then you have the valid proxy.

Studies show that 5 out of 4 people have problems with fractions

KirkW1 (Texas)
Posts: 1,665

Posted:

If the Board is collecting proxy votes they can not ban you from doing the same. It would appear from your first post that they sent out a proxy and are collecting them. If so, then they must allow your proxies as well.

DonnaS (Tennessee)
Posts: 5,671

Posted:

I have had that type of voting instructions sent to me by my 55+ condo Board, giving the Secretary proxy rights for anyone who normally does not vote. But the proxy statement also says "or other designated proxy holder" Once you assign a proxy vote to someone, that person must appear in person to cast the proxy votes. The Secretary will vote for those who do not care to vote one way or the other. And this is normal to aquire the needed quorum. Not an unusual happening.

MaryA1 (Arizona)
Posts: 7,043

Posted:

To say that if the board is collecting proxy's you can too, may not be true! Many boards only allow the proxy to be given to a board member; they will not accept any proxies garnered by members. This may not be legal, but what is a member to do -- sue them? This is one reason why AZ has banned proxy's.

KirkW1 (Texas)
Posts: 1,665

Posted:

Mary a suit is exactly what a member is to do. In the news feed recently there was a situation where a member sued because of voting problems. The court found in his favor and awarded legal fees. The interesting thing is that he is not seeking a new vote or meeting. Nor will he be serving. But he did want to get the record straight and ensure that things are done right.

One thing about it is that costing the association money and/or invalidating the results of a meeting is a very good way to get people upset at the status quo of the organization.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kirk,

Yes, sadly, filing suit is usually the only way to settle this. However, how many people are going to take t
at costly step? If it were me, I would say it isn't worth my time and, mostly, my $$$$!!! Guess I'm just not the crusading type.

KirkW1 (Texas)
Posts: 1,665

Posted:

In some areas you can find a lawyer who will take the case on a contingency basis. That way you don't personally have to front the fees. Also, prepaid legal services are becoming more and more common. My employer started offering services as part of our benefit package last year. While I think we pay the full cost, there is a savings one might expect when you get enough people to sign up.

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