Annual Election of Directors 2nd Question

Started by JenB • 4 replies • 1276 views

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JenB (Florida)
Posts: 4

Posted:

The current HOA president at the yearly 2009 election of directors pulled out 50 proxies at the end of the meeting when almost everyone was gone saying that those counted as votes as well, so the existing board could stay in place when most people in the room voted for new candidates. It explicity states in the by-laws that you can only vote in the annual election of directors in person and not by proxy.

The same board is in place in 2010, so does that mean this board is illigitimate?
Also, the HOA president is a lawyer and his law firm created these by-laws, so he knows the laws pertaining to this as well. Grounds for disbarrment?

Please comment.

GlenL (Ohio)
Posts: 5,491

Posted:

Could you post the exact language of the by-law? No not grounds for disbarment.

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

JenB (Florida)
Posts: 4

Posted:

Election of directors shall be held at the annual members meeting
the board of directiors shall be elected by written ballot or voting machine.
Proxies shall note be used in the election of board of directors either in
general elections or elections to fill vacancies caused by recall, resignation or otherwise. Subject to the provisions of section 4.1 (the affairs of the association shall be managed by a board or seven directors) limiting elegibility and representation of the board, elections shall be decided by plurality of those ballots cast.

SusanW1 (Michigan)
Posts: 5,202

Posted:

If the results of the election had been announced, it would be too late to add any kind of votes, much less those of illegal proxies. Were the results announced at the end of the eleciton?

What do the minutes say? If it ain't in the minutes, it didnt happen.

This seems too bizzare . . .

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By JenB on 04/08/2010 10:30 AM
The current HOA president at the yearly 2009 election of directors pulled out 50 proxies at the end of the meeting when almost everyone was gone saying that those counted as votes as well, so the existing board could stay in place when most people in the room voted for new candidates. It explicity states in the by-laws that you can only vote in the annual election of directors in person and not by proxy.

The same board is in place in 2010, so does that mean this board is illigitimate?
Also, the HOA president is a lawyer and his law firm created these by-laws, so he knows the laws pertaining to this as well. Grounds for disbarrment?

Please comment.

Based only on the information you posted the answers IMO are:
1. yes, the Board is not ligitimate, a recount is justified which excludes proxies; and
2) no, this is not grounds for disbarring an attorney.

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