Proxy Limitation & Verification

Started by DavidD13 • 8 replies • 1939 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DavidD13 (California)
Posts: 1

Posted:

We have an overly aggressive HOA President who annually knocks on doors and hassles people until he can get enough proxies to control the annual voting. Then he gains majority control on the three person Board, which means he then controls pretty much every committee and decision made for the neighborhood. He has been doing this for years.

A group of residents is fed-up with this situation. We have evidence of improper proxy usage, and a laundry list of suspected violations by this man, over many years, some of which may cross the line into behavior that in some communities would have him permanently bared from holding office.

We wish to learn for those of you out there about several matter:

1 - Changing the Bylaws to limit each household to their vote and no more than two proxies.

2- We are seeking a way(s) to verify proxies. Because this guy is in charge, he counts is own votes. Those votes are verified by the other guy he puts into power. Hell, for all we know he generates some of the proxies himself.

Your suggestions are appreciated. We feel like we are living in a third world country at times.

Thanks...

DonnaS (Tennessee)
Posts: 5,671

Posted:

David,

You will need to give us a whole lot more information . What State are you in? What type of HOA are you?(condo, villa, stand alone home?

Your Board is 3 members? Okay now, "a group of residents is fed up with this situation" Well, take control back. Don't reelect him, recall him, refuse to sign proxies. When votes are counted, you can demand a spotter or two to watch and verify the count. Proxies should be in the hands of a secretary or property manager prior to the election or votes. Boy, this guy has you all cornered and you are not fighting back. What's with that?

Amending your Bylaws to only allow 1 vote per household will solve many of your problems. The way you are doing that is antiquated and definitely needs fixing.

TracieS (Colorado)
Posts: 460

Posted:

I second the confusion about more than one vote per unit. Why? Is that "cumulative voting"??? My by-laws specifically disallow cumulative voting. What do your by-laws state about how many votes each "unit" is allowed to cast? Mine specify that each unit gets ONE vote, regardless of how many "owners" are listed for each unit. One unit = one vote.

Why are your members/owners afraid to designate a different proxy? Do your bylaws/articles mention requirements for designating proxies? Why don't "a group of us" go knock on doors before your President can? Why not demand a different election "judge"? Do your members elect your officers or are they appointed by your BOD? Does your current president use those proxies to elect himself?

Many questions generated, and very few answers.

TracieS (Colorado)
Posts: 460

Posted:

One more question...ok, maybe (probably) more than one...

How can your HOA president "gain control" of the BOD? Isn't that precisely why you have a BOD of three - so no one person can "reign supreme"?

How many owners? How many attend your meetings? Why are the other two members of the BOD so afraid of your HOA president?

AnnJ2 (Colorado)
Posts: 120

Posted:

We do need more information. 3 member board implies a smallish association how many total members? do you have term limits on directors? do you have anyone else willing to run for the board? You for instance?

Limiting the number of proxies one person/unit can have may result in a continuing problem of a lack of quorum at meetings. Doing this will not incite people to attend the meetings instead. Why not "get out the vote" yourself and do the door to door and get proxies before the board president can? You will need to put some sort of dating and revocation system in place so there is not an argument on which one is valid if he turns up with conflicting proxies.

finally at the meeting ask for a motion to be made to nominate someone not on the board or related to the board members to not only do the sign in of members but the counting of proxies and the counting of any ballots. that way there is or should be no favoritism in the recording and counting. We do this at every meeting for every vote. As manager I do not do the count two members do the count but I supervise as an impartial third party.

BevM (Virginia)
Posts: 34

Posted:

I know this is an old post, but I was challenged last night at a board meeting about the validity of proxies. The person questioning them thought that they needed to be notorized, which is not the case as stated in our by-laws or state statutes.
My suggestions are these; First, check to see if all balloting material, or voting material, in this case the letters of proxy, are to be kept as a permenant record. Which I would think they would have to be in order for the person appointed as proxy to use them, and as a historical record that proxies were used in the counting of votes. ( If you have a meeting with only 14 people but there were twenty votes cast you would need to know where the additional 6 votes came from. Second, request to see the letters of proxy. Check you state statutes to see if you can examine them. In our state, any member has a right to see any books or records with exeption to those regarding individual salaries of employees or matters in litagation, and executive stuff. Third, in order for a proxy vote to be counted, the corporation has to accept the signature on the proxy. With what seems to be all "his people" counting votes, they could simply overlook the validity of the signatures.
CALL A SPECIAL MEMBERS MEETING, make a motion that a committee be formed to verify that proxies are not being misused and that all proxies have a valid signature. This may mean that you have to go door to door to ask those members if they signed, and if they did, were they bullied into it!?!?!?! And if they didn't, Well, that opens up a whole new can of worms!
After 5 years of being on a board, I have come to learn that in the end, the bullies get what they deserve, plus...they have to face the final judgment!
Although these are frustrating times for you, good will conquer evil, it just takes a whole lot longer than we want!

MikeS1
Posts: 521

Posted:

You're preaching to the choir. We've seen the abuses with proxies and I would like to see more states ban their use as we're starting to see out west. It might take some time, but on-line secure voting will eventually take hold and don't remind me that not everyone has internet access. We've got a lot of larger hoas in Virginia going this way and I'm glad to see it. It's a lot cheaper in most cases and not subject to the fraud abuses.

CherM (Georgia)
Posts: 1

Posted:

I have a question about proxys. We have a owner in our building who had her parents attend a meeting and vote in her place. Since that time her parents have become overly involved and obnoxious. They voice their opinion on everything. They asked that other meetings be moved because they woluld not be able to attend. I am not sure why the daughter is not calling into the meeting herself or just reading the minutes and send her parents to vote? I mean ... if I don't make the meeting I don't send my mommy. I read the minutes. HELP!!! These people are driving me nuts!

MaryA1 (Arizona)
Posts: 7,043

Posted:

Cher,

It's up to the Pres to control the meeting. If these people are speaking out instead of waiting to be recognized by the chair, they should be told what they are doing is unacceptable and if they continue they will be asked to leave the meeting.

Regarding their request to schedule the meetings for their convenience, they should be politely told that these are board meetings which are scheduled for the convenience of the board members. Member meetings are scheduled for a date and time that the board feels is convenient to a majority of the members.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here