special meeting question

Started by PatG • 10 replies • 1439 views

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PatG
Posts: 3

Posted:

Our HOA here in fla just had an important special meeting recently. The meeting failed to achieve a quorum needed for the items on the agenda to pass. However, the board "found" some proxies that failed to make it to the meeting on time before the meeting was ajourned. The board has cited Fla state statues which allow the proxies to be good for 90 days from the date of the meeting. The total number of proxies now will meet quorum requirements. My question is: Does the board need to post another special meeting within the 90 day window in order for the proxies to count legally or is it an academic argument at this point since the total number of proxies now meet our quorum requirements and yes votes to pass items on original agenda?

GordonD1
Posts: 128

Posted:

Pat:

In California The Association Management company and the Board have to have another meeting to be able to count the secret ballots "proxies". I am assuming that
you will have to have another meeting to properly meet quorum.

SusanW1
Posts: 5,197

Posted:

I would say yes - you need to call another meeting and use the proxies that are good for 90 days IF they apply.

Here's why: the "live" people who are going to attend the new meeting have a right to cast votes, and MAY change their vote and/or abstain, so you must be more concerned with the rights of the "live" voters rather than the proxies used. Also, perhaps people who had to give a proxy for the first meeting can now attend the next meeting.

But stay tuned for FL. input . .

DonnaS
Posts: 5,596

Posted:

Pat,
Explain what "However, the board "found" some proxies that failed to make it to the meeting on time before the meeting was ajourned. When did they find these proxies and where were they?

IMHO, if they were not at the meeting and counted at that time, then they do not count and you will need another meeting to have them counted then.

PatG
Posts: 3

Posted:

The newly "found" proxies were at the post office in the mailbox. They never made it to the meeting before it was adjourned.

DonnaS
Posts: 5,596

Posted:

Pat,
What were the dates mailed. If someone failed to pick them up, then shame on whoever was supposed to and the proxies should have been counted.

PatG
Posts: 3

Posted:

I have not seen the postmarks but I assume they are postmarked before our special meeting or day of our special meeting. The board member failed to collect those few remaining proxies that would give the meeting a quorum. Technically, I still maintain that the board must announce another special meeting within the 60 day window that is allowed in our CCRs and count the proxies then to be legal..what do you think??

DonnaS
Posts: 5,596

Posted:

Pat,
I know that this is an arguable issue but those proxy holders did have them mailed as they were supposed to, so thru no fault of their own did they not get counted. It is whoever was supposed to pick them up. AND knowing that this was a vote and important to have all ballots available for counting, I would have counted them. Stupid mistake on someones part.

GordonD1
Posts: 128

Posted:

Pat:

No matter what happened the HOA still needs to have a meeting to open the ballots in order to achieve quorum. We just had a similar experience. I believe that you are correct.

I am very curious to know if your Community have a management company?

Happpy Thanksgivings.

JackieB
Posts: 196

Posted:

Gordon,
Where are you in CA?
Jackie

GordonD1
Posts: 128

Posted:

Newport Beach

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