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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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GaryF2
(Florida)
Posts:8
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| 02/21/2008 8:24 PM |
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| I live in Florida... We did a Proxy... Can they open the Proxy up 6 weeks before the meeting? |
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RobertR1
(South Carolina)
Posts:2525
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| 02/21/2008 8:37 PM |
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Gary,
Try and help us out a little, give us some more information on what you mean. Re-read your question and see if you can answer it based on what you said.
Hoa or condo?
Who is we?
How do you do a proxy?
How do you open a proxy?
Proxy for what?
Who is they?
What does your documents say about proxys?
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DonnaS
(Tennessee)
Posts:2951
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| 02/22/2008 6:59 AM |
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Gary,
What was the purpose of the Proxy? I am inclined to say NO, that the proxy must be used just like any other vote and they all get counted/opened at one time and that is after a dealine for all votes and proxies to be at a final date and time. |
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GaryF2
(Florida)
Posts:8
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| 02/22/2008 7:58 AM |
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Donna,
The Proxy is to have a quorum for the first meeting of the year. Our President of the HOA had one of the Board Members go around to try and get Proxies that were not sent in. He then questioned the Board member as to who the homeowners designated to vote for them. Is that legal?? Are the proxies to be opened by Board Members? We are a community of 117 single family homes. The Board, not sure how many of the 5 members, opened the proxies at least 40 days ahead. This President is the type of person who feels he can push anything through without a vote, if he wants to change the Covenants. "Tweeking the rules" is his response if someone questions what he is doing. |
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DonnaS
(Tennessee)
Posts:2951
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| 02/22/2008 8:13 AM |
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Gary,
Gathering Proxies in order to meet quorum requirements is an okay idea because of the lack of participation from the general membership. No porblem there but what is the problem is when he starts asking who is the designee. That is not legal, especially when you say that they were opened up 6 weeks ahead of time.
Do you have a Property Manager? I assume that a Board member will have posession of any proxies? Proxies are like votes when used for elections and no one should have any personal access to them. He sounds like so many Presidents that we hear of on this site. Some guy who really doesn't know how to follow your own documents and the Statutes.
Any changes to Covenants do not get "tweeked", they get voted on by the membership--all of them. If he changes one word, it has to go to a vote. Get the other Board members to read and understand what he is doing wrong. |
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GaryF2
(Florida)
Posts:8
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| 02/22/2008 9:00 PM |
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Thank you Donna for all your help  Gary |
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