RenaeW1
(South Carolina)
Posts:42
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| 10/12/2008 8:11 AM |
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Our annual HOA meeting is in 3 hours. I have a 2 questions about proxies. Our board member that is rotating off this year has a family emergency and is not going to be able to come to the meeting today. She is giving me her proxy, but what about the proxies that she has been given by others. If she gives me her proxy, does that mean if someone gave her their proxy, I can vote on behalf of them now that I have her proxy?
Also, if someone clearly didn't understand what a proxy was and wrote beside our names pres., vice-pres., secretary, like they were appointing us positions, and not giving their vote to us, can we still use that proxy?
Thanks for your quick help. |
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SusanW1
(Michigan)
Posts:2316
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| 10/12/2008 8:49 AM |
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What a mess!
Were the proxies designated just to her? (her name on the proxy as designee?)
If so, she needs to re-assign ALL of those proxies to you, and you cast the votes as she has directed. '
RE: the proxie that was turned into a ballot.
Carry out the assignment of the proxie. If this person ever complained, then ther could be problems.
AND - hope all this mess does NOT make a real difference in the election or vote outcome.
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JohnK3
(Pennsylvania)
Posts:564
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| 10/12/2008 9:02 AM |
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| Could you provide us the proxy language? |
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MaryA1
(Arizona)
Posts:2489
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| 10/12/2008 9:24 AM |
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| I've read alot of info on proxies but have never read that a proxy can be reassigned, as Susan suggests be done. Frankly, if I were in charge of the election I would not accept a proxy that had been reassigned to another person w/o proof of its legality. IMO, if the person who has gathered all these proxies is unable to attend the meeting, the proxies are null and void. However, those individuals who gave their proxie to this person can attend the meeting and vote, which, of course, is always the case. Unless the proxie was designed to be used as a ballot, it cannot be a ballot! The proxy form cannot be altered in any way. |
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JohnK3
(Pennsylvania)
Posts:564
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| 10/12/2008 9:30 AM |
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Mary,
My thoughts reflect yours, which is why I'd like us to see the language. Also, perhaps, minus the possibly invalid proxies, might be a chance of no quorum to conduct the meeting? |
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MaryA1
(Arizona)
Posts:2489
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| 10/12/2008 9:37 AM |
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John,
I agree. It will be interesting to hear from Renae and find out what happened. |
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RenaeW1
(South Carolina)
Posts:42
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| 10/12/2008 9:39 AM |
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Here is what the proxy says:
Proxy
2008 Annual Meeting
The undersigned member/s of the XYZ Development, in the event of his/her absence or inability to attend the meeting appoints:
My Name _____________
Other Board Member________________
Other Board Member__________________
Other____________________
This proxy revokes any proxy that I, or we, have previously signed.
Signiature _______________________________
Address__________________________
Date_________________________________
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RenaeW1
(South Carolina)
Posts:42
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| 10/12/2008 9:41 AM |
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Forgot to say that there is a huge probability there will be no quorum without these proxies.
Renae |
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SusanW1
(Michigan)
Posts:2316
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| 10/12/2008 9:43 AM |
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INHO - As long as the instructions of the proxy were carried out - whether they were specific or general - I don't see why they could not be re-assigned in another person's care.
Roberts Rules does not recognize proxies, so this should be interesting to see how it all turns out.
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JohnK3
(Pennsylvania)
Posts:564
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| 10/12/2008 9:56 AM |
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>>>appoints:
My Name _____________
Other Board Member________________
Other Board Member__________________
Other____________________<<<
I can't see that language allowing an assignment to somebody not listed. Where would it end? A 2nd assignment? A 3rd assignment?
Best outcome = no quorum.
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MaryA1
(Arizona)
Posts:2489
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| 10/12/2008 10:02 AM |
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Susan,
By what authority do you say the proxy can be reassigned? This particular proxy form can be used to designate an individual or a board member as the proxy. Even if it is legal to reassign a proxy (which I very seriously doubt!), this form has no designated place to accomplish that. How would you propose the reassignment be accomplished? |
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JohnK3
(Pennsylvania)
Posts:564
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| 10/12/2008 10:11 AM |
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Renae,
Also, if Mary & I have convinced you of our takeaway, you and your fellow travelers might want to skip making an appearance too, in order to further lower the quorum count, or have someone at the meeting phone you after the quorum count is made, so if there is a quorum, you can scoot over.
Whatever you decide, good fortune. |
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JohnK3
(Pennsylvania)
Posts:564
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| 10/12/2008 10:39 AM |
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And...
If you do scoot over if a quorum is achieved, you could always try to get the re-assigned proxies accepted by whomever is responsible for determing if they're valid. Do you have some manner of written statement from the rotating off BM attempting to pass the torch to you? If not, get one, even handwritten, if possible. |
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RenaeW1
(South Carolina)
Posts:42
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| 10/12/2008 11:03 AM |
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| I only have her proxy and the others she was given by other homeowners. I know I could get something in writing after the fact, but I don't have access to her at the moment. |
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SusanW1
(Michigan)
Posts:2316
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| 10/12/2008 12:31 PM |
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I can't cite a rule, except that after googling "re-assigning proxy" and trying some other searches, I find about a 50-50 split where groups allow it (re-assignment of proxies).
The proxy form looked like it had several names on it for people to act as the proxy.
I wonder it she could just put her name down as being one of the assignees.
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RenaeW1
(South Carolina)
Posts:42
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| 10/12/2008 1:55 PM |
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| Update: We had the meeting and met the quorum (just barely) without the proxies in question. There had been a little controversy in the neighborhood in the past week about political signs, and I think that brought people out to the meeting to see what was going to be said about that issue. So with the increase in attendance, the proxies that me and the other board member had, we met a quorum. |
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MaryA1
(Arizona)
Posts:2489
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| 10/12/2008 2:34 PM |
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Renae,
You had a problem and asked for immediate help. John, Susan and I replied. Now you give us an update but don't mention anything about how the problem you had was solved. What happened to the proxies the board member who couldn't attend the meeting had? |
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RenaeW1
(South Carolina)
Posts:42
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| 10/12/2008 2:42 PM |
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Posted By RenaeW1 on 10/12/2008 1:55 PM
Update: We had the meeting and met the quorum (just barely) without the proxies in question.
Does that not tell you what was done with the proxies in question? Nothing. Nada. We met the quorum without the proxies in question, so they were not certified or counted.
I'm not understanding your frustration with me, Mary. |
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MaryA1
(Arizona)
Posts:2489
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| 10/12/2008 3:19 PM |
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Renae,
I'm sorry! I overlooked your first statement and was thinking about your last remark: "So with the increase in attendance, the proxies that me and the other board member had, we met a quorum." where you state you had proxies. |
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RenaeW1
(South Carolina)
Posts:42
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| 10/12/2008 3:35 PM |
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Not a problem, Mary  I am truly thankful for the quick help I received.
I will say I had decided that I would not try and transfer over the proxies to myself even though I had a verbal agreement from the other board member. I would rather be safe than sorry. I am definately a rule follower.
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SusanW1
(Michigan)
Posts:2316
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| 10/12/2008 4:22 PM |
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REnae,
in the meantime, work to update your proxy form.
I don't understand what the TWO lines are for Board Member signature.
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RenaeW1
(South Carolina)
Posts:42
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| 10/12/2008 4:33 PM |
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Posted By SusanW1 on 10/12/2008 4:22 PM
REnae,
in the meantime, work to update your proxy form.
I don't understand what the TWO lines are for Board Member signature.
Susan,
Those lines that you are talking about have the current board members' names on it. I changed the names to protect the innocent and not give any identifying information. It would normally look more like this:
Renae W__________________
Jack B. Quick ________________
Susie Q._______________________
Other _____________________
The person would check off who they want to give their proxy to and then sign at the bottom.
Next year we will take off the outgoing board member's name and replace with the new one. Is that how everyone else's proxy reads?
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