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Sunday, February 18, 2018
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Subject: Owners and Proxy Votes- Annual Meeting
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Author Messages
JohnM79
(New Hampshire)

Posts:7


02/02/2018 12:51 PM  
Our Association is trying to make changes to the Bylaws. The Board was supposed to present the new bylaw changes prior to the annual meeting last May but did not make the changes in time. They still have not present the changes. At the annual meeting, it was voted to continue the annual meeting and vote on the bylaw changes since we had more than enough proxy votes or owners present to vote on the changes. Since May, six units have sold. Therefore, I believe that the votes for those former owners can not be casted and would not count toward the total of the number of eligible voters. Am I correct? With the sale of these units, the Association would not have the required owners present or by proxy to vote.

RichardP13
(California)

Posts:2346


02/02/2018 1:04 PM  
Those six would cease to be members and therefore their vote or proxy would no longer be valid.
BenA2
(Texas)

Posts:180


02/05/2018 10:53 PM  
I think you are correct but it might be tricky. If someone was a member when they signed their ballot or proxy and then moved before the election, I think their vote could still be counted. Otherwise, you would have to go back and check each voting member and make sure they did not sell their house between the time they signed the ballot/proxy and the election. Also, since the new person who bought the house would not have gotten a ballot, you would be denying that unit a vote. If your CC&Rs or bylaws don't state what to do, it is probably a question for an attorney.

Unless your governing documents say otherwise, if you don't have the election on the stated date, the ballots and proxies should become void, but every state has different laws so I would check with an attorney.
JanetB2
(Colorado)

Posts:3767


02/05/2018 11:08 PM  
I agree with Richard. Keep in mind that happened last May and it is now February of the next year. Potentially continuing a meeting means it will be taken care of in the VERY near future ... NOT almost a year later because of what you have noted potential sale and purchase of units. If units have sold those votes become invalid and the new owners potentially have the right to vote on items which will now affect THEIR property. If I was a new owner who purchased and you made a change after I purchased without my required vote ... depending on the situation I could choose to SUE the HOA. And I would estimate a high probability of winning that lawsuit. Your HOA needs to avoid that scenario!
JohnC46
(South Carolina)

Posts:7191


02/06/2018 5:13 AM  
Let me think. How would I feel if there was an amendment change using votes of some owners who no longer lived there. Still thinking as I call my lawyers number.
CjC
(Maryland)

Posts:68


02/06/2018 10:00 AM  
What do the proxies say about how long they are good for?
JanetB2
(Colorado)

Posts:3767


02/07/2018 10:09 PM  
Posted By JohnC46 on 02/06/2018 5:13 AM
Let me think. How would I feel if there was an amendment change using votes of some owners who no longer lived there. Still thinking as I call my lawyers number.


LOL ... Pretty much my thought

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Forums > Homeowner Association > HOA Discussions > Owners and Proxy Votes- Annual Meeting



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