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Subject: HOA President
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DavidB49
(Texas)

Posts:6


08/10/2019 7:15 AM  
Can an HOA President cast a vote for a member not in a BOD election meeting without the permission of the absent member. We are in Austin, Texas and are membership is only 12.
RichardP13


Posts:0


08/10/2019 7:30 AM  
Yep, as long as they have a proxy signed by that member. In fact, if they had proxies for the other 11, they could vote for the whole association.
AugustinD


Posts:2049


08/10/2019 8:52 AM  
Posted By DavidB49 on 08/10/2019 7:15 AM
Can an HOA President cast a vote for a member not in a BOD election meeting without the permission of the absent member[?]
No. The President must have permission, typically in the form of a proxy. Alternatively, if the President has power-of-attorney for the member, then this may serve as "permission" as well.
NpS
(Pennsylvania)

Posts:3913


08/10/2019 9:35 AM  
I'm surprised that proxies are allowed at BOD meetings.

A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.

Sikubali jukumu. Read all posts at your own risk.
RichardP13


Posts:0


08/10/2019 9:38 AM  
Posted By NpS on 08/10/2019 9:35 AM
I'm surprised that proxies are allowed at BOD meetings.

A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.



I have to believe the OP is referring to a meeting where Board of Directors are elected, not a Board meeting.
JohnC46
(South Carolina)

Posts:8877


08/10/2019 9:38 AM  
Above two replies say something about the poster. The bottom line of both is the same answer but how they went about is interesting.

Yes if they have a Proxy......

No unless they have a Proxy.....

A Psychologist might read something in their methods such as one is an optimist, the other is a pessimist.

Care to vote on which is which?


NpS
(Pennsylvania)

Posts:3913


08/10/2019 9:52 AM  
Posted By RichardP13 on 08/10/2019 9:38 AM
Posted By NpS on 08/10/2019 9:35 AM
I'm surprised that proxies are allowed at BOD meetings.

A huge part of the role of a BOD member is to listen to and possibly participate in the discussion. A proxy would short circuit that responsibility IMO.



I have to believe the OP is referring to a meeting where Board of Directors are elected, not a Board meeting.



Gotcha.

Sikubali jukumu. Read all posts at your own risk.
JohnC46
(South Carolina)

Posts:8877


08/10/2019 9:58 AM  
Typically a majority of the BOD could call a BOD Meeting and discuss what they wish to discuss.
KerryL1
(California)

Posts:6712


08/10/2019 10:26 AM  
It doesn't seem like a board meeting to me either, but I'm not sure. Perhaps DavidB can clear this up for us.

JohnC????
DavidB49
(Texas)

Posts:6


08/10/2019 11:18 AM  
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.
JohnC46
(South Carolina)

Posts:8877


08/10/2019 12:04 PM  
David

Could be debatable if a Proxy or POA are acceptable, but without either one he can only vote his own vote.
NpS
(Pennsylvania)

Posts:3913


08/10/2019 12:50 PM  
Posted By DavidB49 on 08/10/2019 11:18 AM
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.

He is wrong.

Sikubali jukumu. Read all posts at your own risk.
KerryL1
(California)

Posts:6712


08/10/2019 1:12 PM  
David, ask the prez to show you evidence that can vote they way he says he can. If you must, show him your bylaws and TX law which'll say something like Members (Owners) may vote at the meeting or by proxy, or whatever the wording is.
DavidB49
(Texas)

Posts:6


08/11/2019 6:47 AM  
Another question, if a proxy is turned in without a designate, what is the ruling?
NpS
(Pennsylvania)

Posts:3913


08/11/2019 7:02 AM  
Posted By DavidB49 on 08/11/2019 6:47 AM
Another question, if a proxy is turned in without a designate, what is the ruling?

Great question. We don't count it. We do notify the owner that, for their vote to count next year, they need to identify a Proxy.

Sikubali jukumu. Read all posts at your own risk.
BillH10
(Texas)

Posts:410


08/11/2019 9:08 AM  
David

In Texas there are at least three types of proxies which are commonly used:

1. Proxy for the purpose of attaining quorum only, no person is designated to be the holder of the proxy. In this case, the proxy represents no voting power.

2. Proxy which designates an officer of the Association, generally the president, as the proxy holder with full voting power.

3. Proxy which designates another person (does not have to be an owner, or even a resident) as the proxy holder with full voting power.

Absent any specific language in your Bylaws or Declaration which grants proxy voting to the President if the owner is not in attendance, your President is wrong; he or she cannot vote absent member votes as if a proxy had been granted.
PaulJ6
(New York)

Posts:378


08/12/2019 11:44 AM  
Posted By DavidB49 on 08/10/2019 11:18 AM
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.




The current president is absolutely wrong.
RichardP13


Posts:0


08/12/2019 12:07 PM  
Posted By PaulJ6 on 08/12/2019 11:44 AM
Posted By DavidB49 on 08/10/2019 11:18 AM
The meeting in question is the annual one to elect board members. The current president thinks he can cast a vote for any member who does not make the meeting.. There are only 12 members. He doesn't think he has to have a proxy or a POA.




The current president is absolutely wrong.



It is very possible that the president may, depending on the verbiage of the Bylaws. I have seen such things.
DavidB49
(Texas)

Posts:6


08/15/2019 3:42 PM  
Can a person who lives overseas for six or more months out of the year be eligible for an HOA BOD?
PaulJ6
(New York)

Posts:378


08/15/2019 4:18 PM  
Posted By DavidB49 on 08/15/2019 3:42 PM
Can a person who lives overseas for six or more months out of the year be eligible for an HOA BOD?




In many cases, yes. Often HOA board members don't even have to live in the HOA.
DavidB49
(Texas)

Posts:6


08/15/2019 4:26 PM  
What is the correct procedure for hiring friends to contract out to an HOA?
PestY


Posts:0


08/15/2019 4:34 PM  
Posted By JohnC46 on 08/10/2019 9:38 AM
Above two replies say something about the poster. The bottom line of both is the same answer but how they went about is interesting.

Yes if they have a Proxy......

No unless they have a Proxy.....

A Psychologist might read something in their methods such as one is an optimist, the other is a pessimist.

Care to vote on which is which?







John, I give you my undirected proxy ... vote it as you wish.
DavidB49
(Texas)

Posts:6


08/19/2019 7:05 AM  
Is the BOD required to take bids for HOA management companies and other contractors? Also, what do you do when a BOD president appoints a good friend as the HOA management company without bids?
KellyM3
(North Carolina)

Posts:1433


08/19/2019 1:49 PM  
Posted By DavidB49 on 08/10/2019 7:15 AM
Can an HOA President cast a vote for a member not in a BOD election meeting without the permission of the absent member. We are in Austin, Texas and are membership is only 12.




Our board has good synergy and we've, once, assumed an absent board member wanted reappointment (there weren't any contested elections)...we ended up w/ a vacant seat. No loss on our part but we'd request the person appear in person, regardless of who held proxies.

The LEAST a resident can do, if they want to join the board, is attend the annual meeting.
KerryL1
(California)

Posts:6712


08/19/2019 3:34 PM  
The president may not hire a vendor, e.g., management company alone. The board needs to vote on the contract UNLESS they've all given all power to the president, which is a huge mistake.

Thee's no legal requirement to go out to bid for contracts but it's good business practice.

Are you on the board, David? How many are on the board?
GenoS
(Florida)

Posts:3364


08/19/2019 6:14 PM  
Whether or not you need to get bids is often a decision subject to various state laws in combination with one's governing documents. In a Florida HOA, for example, the law (FS 720.3055) specifically exempts the following from needing bids:

contracts for attorney
accountant
architect
community association manager
engineering and landscape architect services

Additionally, FS 720 says an "association whose declaration or bylaws provide for competitive bidding for services may operate under the provisions of that declaration or bylaws in lieu of this section if those provisions are not less stringent than the requirements of this section".
JoelC2
(Florida)

Posts:1


08/23/2019 6:24 AM  
My girlfriend and I have purchased a condominium on a golf course and I have charges in my background (federal) and we have told the HOA the board members of my back ground and now they are saying I have to move out. Is they a law that allows they to do this? Another question is we are planning to get married if we are married can they the HOA making me move? We own the condominium!


BillH10
(Texas)

Posts:410


08/23/2019 7:14 AM  
Joel, why don't you start a new thread with your question. It is important but it also has nothing to do with the original question posed in the thread in which you posted it.
CjC


Posts:202


08/23/2019 7:19 AM  
Posted By JoelC2 on 08/23/2019 6:24 AM
My girlfriend and I have purchased a condominium on a golf course and I have charges in my background (federal) and we have told the HOA the board members of my back ground and now they are saying I have to move out. Is they a law that allows they to do this? Another question is we are planning to get married if we are married can they the HOA making me move? We own the condominium!





Please start a new thread for this. You might want to also let us know if there are any mandatory background checks, is this condo or co-op? Have you read the CCRs and all the documents before you purchased to see if this is mentioned anywhere?
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