Proxy

Started by BarbW • 5 replies • 2345 views

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BarbW (Minnesota)
Posts: 9

Posted:

Our board chose the nominating committee in December of this year, consisting of three "board" members. They sent out the proxy with the three expired names of board members to be voted back in at the annual meeting.
According to our by-laws, it states that the nominating committee should consist of one board member (chairperson) and two or three members. They should be voted in at the last annual meeting and not the month before the proxy is sent out. Then a new nominating committee is chosen at the annual meeting for the following year.
Makes sense to me, they would then have time to campaign for interested members to run.

On the proxy the board states the homeowner will vote for the three listed and if they would like to see someone else voted in; they would have to moninate from the floor.
Shouldn't there be blank lines on the proxy to add the person you would like to vote in instead of being told who you are allowed to vote for? This way we never get new members on the board, it's always the same people.

Can anyone suggest a place to get a sample of what a real proxy should look like?

RogerB (Colorado)
Posts: 5,067

Posted:

BarbW, your proceedures for the nominating committee are excellent. It's too bad the board does not follow them. It should have been brought up to select the members of the committee at the last annual meeting, then the board would have preempted. Here is an example proxy I use for HOA annual meetings:

PROXY for the Annual Meeting of the Homeowners of
________________________________Association, Inc.

I, the undersigned Owner of the property at _____________________ ,
Lone Tree, Colorado, hereby appoint _______________________________ as my proxy with full power of substitution, to vote on my behalf in respect to all matters that may properly come before the Annual meeting on _____________ , 2006 and at every adjournment thereof, to the same extent and with the same powers that I would be entitled if personally present.

This proxy shall be void if I or another Owner of this property is personally present.

_____________________________ _____________________ ___________
Homeowner’s Signature Print Name Date

BarbW (Minnesota)
Posts: 9

Posted:

Thank you RogerB,

Is there anything the members could do to prevent the proxy the board sent out due to the fact it is incorrect according to our by-laws or are we stuck with it this year?

Myself and another member wanted to volunteer for the committee and also run on the ballot for new board member. The present board did not open up a committee nor did they give a deadline when you could no longer get your name on the ballot. Next we knew, they were mailed out.

Appreciate your response,

BarbW

RogerB (Colorado)
Posts: 5,067

Posted:

BarbW, you could ask the board to send out a correct proxy - which they probably won't. Alternately, you could advise the board that you are a candidate either self appointed or nominated by another member of the HOA - or whatever the bylaws allow. Then go door to door and secure proxies in which they vote for you or else appoint you as their proxy to vote at the meeting.

Good luck,
Roger

BrianB (California)
Posts: 2,820

Posted:

Not sure what state you are in, but Arizona just outlawed proxy voting. Voting by proxy not legal for HOA's in Arizona anymore. you should check your state laws.

BarbW (Minnesota)
Posts: 9

Posted:

Thank you, I will check on that.

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