Proxy holder is paid vendor/homeowner

Dear Group

Three seats are coming up for re-election this May. I am part of a group that has been complaining about high salaries and overspending. We have a slate of three very qualified, knowledgeable candidates that will be on the ballot.

Our group sent a letter out to all the homeowners documenting the overspending and our concerns, as well as introducing our candidates. The day the letter was recieved in the mail the board canceled their regular scheduled meeting giving only one hours notice via E-mail from one of the homeowners (the Ombudsman) not the Mgmt Co. Apparently they didn't want to answer any hard questions.

Since our ballots are non-revokable I am aware that any proxy's are only valid if you have "NOT" turned in your ballot. The present board has our Ombusman a "paid vendor" who is also a homeowner distributing proxy's to any owners willing to go door to door to get signatures. These proxy's have a blank space where the proxy holder's name should be. Which means he could insert his name to vote their proxy.

Can he vote these proxy's if he is a "paid vendor"/homeowner.??

NancyM2

Nancy,

The fact that he is a paid vendor, IMO, is meaningless. Being a homeowner he has a right to hold a proxy from any member of the assn, just as you or any other homeowner does. I'm not an attorney either, but I do believe it's legal for anyone to hold a proxy, but in HOA land I know some boards would only accept a proxy from a member of the assn.