How many proxies would I need?

Right now we have 55 HO who are delinquent in some fashion (be it dues or violations) these homeowners would not be eligible to vote. Our community has 275, total homeowners. (That can either do a proxy or show up) the quorum would be 25% of the 220, Right?! We currently have 17 proxies from the last time but of course those will be voided if those people show up.

This post is in reference to my previous post subjected “How can I make certain we meet quorum? I hope this helps all of you help me.

Appreciate all the advice as always.

Thank you
Chuck W.

That is the same thing I had thought. I plan on going out every night until the 23rd to get as many proxies as I can get.

HMMMMMMMMMM wasn’t sure if I was figuring it out correctly or not.

Thanks again
Chuck W.

GeraldT1,

The last election held was back in the spring when we, the members present, discussed delinquencies that morning. There is a lady on the board currently. This is her third year running for a seat on the board. She also told me what determines a homeowner’s eligibility.

Our CC&R’s also states what makes a homeowner eligible to vote! Here it is again:

2.11 Quorum- The presence, in person or by proxy, of members entitled to cast at least twenty-five percent (25%) of the votes entitled to be cast at the meeting shall constitute a quorum at all meetings of the association. The members present at a duly called or held meeting at which quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum.

The PM tells me that the information I’m asking for can only be discussed with board members. He can’t release that information to me. The information I received is from the lady that is going to run again this year. She knows who is not in good standings (delinquent). She is given the “delinquency report” because she is a board member. It tells who is in good standings and who isn’t.

I believe quorum will always be a percentage. The CC&R’s states 25% as of right now. I have been told, once the attorney gets the papers drawn up we will become a POA, with approvals of course. This will reduce the quorum percentage.

I believe the homeowners that are eligible to vote are only the homeowners in good standings. I would think this is because the first time, we had 69 delinquencies, subtracted from the 275 would give you 206 eligible to vote. Our CC&R requires 25% to reach quorum. 51.5 is 25% of eligible (good standings) homeowners. Can’t have ½ of person, so 52 is the number of votes and/or proxies needed.
This election, I have been told that out of the 275 homeowners in the community, there are 55 ineligible (not in good standings) to vote or to submit a proxy.

Again you have the 275 minus the 55 delinquent (or not in good standings). You have 220 eligible to vote or submit a proxy. We currently have the 17 from the last election. I have been told the only 2 ways these wouldn’t count were if: 1. they were actually present to vote. Or 2. Someone who filled out a proxy was delinquent which in turn makes them ineligible to vote. We will need a total of 55 eligible votes, either in person or by proxy. Hopefully it will be a good turn out. I’m hoping so!

I hope this helps. I appreciate you helping me as much as you have.
Thank you
Chuck W.

Gerald,

Last night, had to be one of the most restless nights of sleep I have had since I have been out of the hospital.

I believe I have figured it out though. In the beginning of my first post entitled “should your vote count” I posted that my CC&Rs require 25% of eligible members to meet quorum. In order to be eligible to vote, either in person or by proxy, you must follow the criteria of the CC&Rs. MY original post, I ask. If my CC&Rs says that 25% is required to reach quorum. I had asked if that was 25% of the 275? It was JulieS who told me that it was 25% of the eligible voters, not the total number of members. If this is true, then that will clarify a lot for me. I still don’t agree with it but it would be better than the total number of residents in the community.

I’m a going door to door tonight to ask for proxies. I’m hoping to receive a bunch.

I have been told that there are 55 members out of the 275, who are delinquent in their assessment or fines. They are not in good standing; they are not eligible to vote or to submit a proxy.

I had asked the MC before about resignation. I thought the same thing months ago. I was curios as to why we were even having to meet quorum to hold an election to vote. Only three are willing to “volunteer”. The way I have interpreted the CC&Rs states that if a member of the board resign, that BOD member could appoint a volunteer to finish out the term for them. I was told we have to follow the CC&Rs. What they say we have to follow. I said that we would if they resigned. The PM and the current board said that we have to hold quorum because if we have a walk on, at the last minute. Everyone there that morning knew there wasn’t going to be anyone else there to “volunteer”. Currently there are three board members. Two are resigning for sure. The other one is running another term with us.
At the last meeting, we didn’t meet quorum, which you are well aware of. At this time the other two board members were not going to run another year, regardless of how many people were running. They are only staying in position because the CC&Rs states, until a new board is elected, they must.

I hope this helps. Sorry for all the confusion.
I’ll look into it some more throughout the day today.
Thank you for all your help.
Chuck W.

Chuck,

Rather than provide another lenghty post reiterating what we already know, just call the MC and post answers to the very simple questions I've asked.

1)Is quorum in your hoa always a percentage of the aggregate, or does it vary depending on the type of meeting?
2)Is quorum in your hoa only a percentage of those eligible (in good standing), or does it vary depending on the type of meeting?
3)What does in "good standing" and "eligible" mean in your community, how is it defined in your by-laws, perhaps it is in the Suspension of Voting Rights in your cc&r section?

You are correct, quorum will always be a percentage, 25% of what is the question. IMO, just go for the max number which is 69 owners, you have 17, so get no less than 55 owners. But if you get 69 additional proxies plus your 17 proxies, there will never be a dispute of your election to the board.

I agree with RogerB, I highly doubt your by-laws state that a board member MUST serve until a new board is elected. No one, or document can force a board member to continue to serve.

What you must understand is that a quorum of some sort is required for an election of owners to the board, and for various other activities.

What perplexes me is why the sitting board members don't just intend on resigning, one at a time, and simultaneously fill the vacancies with those who wish to serve to fill out their term until the next official election???

GeraldT1
NNJ

Chuck, the President has many duties starting with chairing all meetings and being the association's spokesperson. If you have never been President of an organization I would recommend taking a different office to gain experience first before becoming President. If no one else will accept the Presidency then try to get a good managing agent to assist you.

Chuck,

Today was election day right?

Last you posted there were 55 HO who are delinquent in some fashion and they would not be eligible to vote, your community has 275, total homeowners, the quorum would be 25%, and that you had 17 proxies from the last time but of course those will be voided if those people show up.

How did your campaigning and proxy collecting go? Did the 17 proxies count from last election? Did you get onto the board?

GeraldT1
NNJ

Congrats Chuck! I wish there were more people like you with a desire to serve their community. Your efforts to get a quorum illustrate your need to amend the By-laws to reduce your quorum requirement to 10%..

Gerald,

I will look into the “blanket proxy”. I’ve been told the proxies are good for 11 months from the date issued. We were able to use the proxies from the last unsuccessful meeting. I was curious to avoid this same situation for the next term. Could the elections be held prior to the proxy becoming invalid? Meaning could the new board hold an election and remain in office until there term is up, but still hold an election? Once their term ended the newly elected board would take over?

I’m just looking to improve the already set percentage required to meet quorum. You have presented me with some very interesting things to think long and hard about.

I appreciate all the advice you have given to me. I just want to do everything I can to avoid this same thing next year.

Thanks once again.
Chuck W.