Why would your Management Co. have the right to appoint a Board? Check your covenants and State Statue governing Condominiums. In Ga. only the Declarant has the right to appoint a Board and than only as long as he has control.
The homeowners should go out and ask for a homeowners who is willing and able to participate in a Board function and the homeowners should vote during your annual meeting on the person or persons.
Your attorney is correct. A proxy solicitation normally,in cases such as yours, offers the unit owner to option of selecting a member of the Board to exercise his proxy. He can also name any other unit owber to act on his beha;f. A proxy golder may only vote they way he is directed by the grantor of that proxy
I was under the impression that signing a proxy just meant that you were authorizing someone else to vote for you but not who/what to vote for. That is the way that our local Country Club works. Different rules for different states or according to what bylaws state?
Our management co. did the same thing. It is, in my opinion, a means to keep the same board who will no doubt keep the same management co. I am on the board, I was upset by this, I called the pres. immed., his response was-the board says people do it this way all the time. No interest from residence, no change. I will not be running next time. No doubt the board witll consist of the Pres. only. I cannot change anything by myself, the pres. does what ever he wants.
This has become too common. Most owners refuse to accept any responsibility for their community and show no interest in how it is run. Seems the only time there is an interest is when the owner and Board find an issue to disagree on. If fees are increased, there is interest from owners. When rules are changed that affect owners in a negative way, owners perk up their interest. Not a good way to run a community but all too common. sometimes we get what we ask for. If owners aren't willing to take an active roll in their community by attending meetings and reading financial information, they will get exactly what they deserve.
There are several types of proxys. What you describe is a directed proxy in which the proxy giver directs the proxy holder how he wishes him to vote. However, most proxies are general proxies in which the proxyholder votes as he chooses to vote.
It's not uncommon for the board to ask that proxys be given to a board member, usually the board secretary; however, I doubt this is legal. A proxy giver should be able to give his proxy to whomever he chooses.
IMO, proxies can be fraudulently used -- of course the fraud can go both ways. However, I believe a better way is to prohibit proxies and use mail-in ballots, which also count toward the quorum. AZ did this a number of years ago. It no only solves the problem of fraud but also that of not having a quorum to conduct the meeting. My assn amended our bylaws several years b/4 the state law was adopted. We haven't had a problem obtaining a quorum since. Since the ballots are mailed in there is no need to name a proxy -- everyone casts their own vote and just mails their ballot in. Some assn's may even provide a self-addressed stamped envelope.
Forgot to mention one other point.
Regarding the ballots received naming the manager as the proxy, I don't believe they can be used since the manager is not a member of the assn. Those ballots would be voided and the votes not counted.
BTW, it's not the mgmt co who has decided whose name(s) to be put on the ballot as proxy; it is the board who should made the decision. The mgmt co is only acting on the direction of the board -- or at least that's the way it should be!
A proxy is awarding your vote to someone else TO VOTE AS THEY SEE FIT ON YOUR BEHALF. You can award your proxy to anyone, even non-members. They now have your vote. The organization (in this case, association) can make rules that allow proxies to be assigned to other members only, if it wishes to do that. For example, an elderly man in ill health can assign his proxy to his adult son, to vote and represent him at the meeting. That is completely valid.
This is only a change, not anything illegal or some way to rig an election. However, you can see it any way that makes you feel comfortable. Without seeing the proxy, it is difficult to make that determination. My guess is that this is not the intention. If the proxy states that you MAY assign it to a board member and lists the board members, then that means you still may ALSO still assign it to whoever you want, as long as they left a blank for the homeowner to fill in the name to whom you are assigning the proxy.
Many homeowners, in my experience, don't understand proxies. They want absentee ballots, but often many communities ask for candidates at the meeting, because not many people are rushing to be on the board. You can't have absentee ballots and open nominations at the meeting, in my opinion. Well, you can because most documents are silent and there are no actual laws I know of against it, it just creates huge problems, so I always advise against it.
I also believe that the manager is doing the right thing by not accepting proxies made to her. I know that some managers use them to achieve quorum but do not vote, as it is in their opinion a conflict of interest, as the board makes the determination on the management company contract. It is probably best to not accept them at all.
I have seen board members get proxies just to get OTHER board members off or other people elected to the board. I have also seen other members who want to get on the board go out and get proxies, just to make sure that they get on the board. It is all valid. The message is - know who you are assigning your proxy to.
If you feel comfortable with the job the board is doing, and with a particular board member, there is no reason that you could not give that person your proxy. Putting the board members as proxy options only alerts people that it is an option. Now, if they said proxies could ONLY go to board members, that would be another story.....
our board only allows proxies to
be mailed to the property manager
board refuses request for a third
party to count votes.all our board
members have been appointed by the
president.how can we handle this
with out being taged as trouble makers since the board has so much power. carolyn
I don't know that it's legal for the board to require all proxies be given to the mgr or to a board member but I know many boards do this. If you state has an agency that oversees HOAs you may want to contact them about this. Otherwise, you will just have to live with it.
If the bylaws do not require a third party to count the votes then the board does not have to do it.
How is it that the Pres has appointed all the board members? Were these vacancies that she filled? Were there no members that wanted to run for the board? It's common for the board to have the authority to appoint members to fill vacancies. You bylaws will tell you if an appointment only lasts til the next election or if it lasts to the end of the term of the person whose office is being filled.
The board only has the power that the CCRs and bylaws give them. If they are violating the gov docs then it's up to the members to take steps to remove them from office. Your bylaws may have an article dealing with recalls or perhaps there is a state statute. I wouldn't care if the board tagged me a trouble maker if I new for certain they were operating outside the law. But if the majority of the members don't want to get involved there probably isn't much you can do. In that case the members get what they deserve.
This has become common lately, especially concerning tenants who have never been involved with a board before this instance. It seems they do not understand the value and work needed for maintenance.
Can a standing board member who is not able to make the annual/monthly meeting give proxy to a newly elected board member (at the annual meeting) for the purpose of voting for board officers positions like pres, v.P, etc?
If proxies are allowed then this board member may give his proxy to anyone he chooses, including a newly elected board member. However, you don't state if this is for a meeting of the members or a board meeting. If the latter, then you should check your bylaws to see if proxies are allowed at board meetings. In many assn's they are not.