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Subject: Proxy Votes not turned in timely to verify election
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JacquelineS1
(Kentucky)

Posts:2


10/29/2019 5:13 AM  
When Proxy votes are utilized to satisfy the quorum, and (from what I understand) the Board (or representative) is to "verify" the election by matching up the Proxies to the actual votes within 10 days of elections, what would be the "next step" if the "acting Secretary (Treasurer)" refuses to turn the Proxies in within that 10 day time frame?
SueW6
(Michigan)

Posts:608


10/29/2019 5:21 AM  
If these proxies were to be used to establish the quorum, perhaps they were not needed to meet the threshold. There were enough members already there to hold a duly called meeting.

Your question is not really clear.
JacquelineS1
(Kentucky)

Posts:2


10/29/2019 8:02 AM  
My apologies. Proxies were used for this election as there are to be 19 in attendance to have a quorum, but typically this count is not met. Therefore, Proxy votes are utilized. Does that help?
CathyA3
(Ohio)

Posts:509


10/29/2019 1:54 PM  
I'm still not clear. Are they proxies to establish quorum and name another person to cast the signer's vote? Or are they votes as well?

Different states do this differently.

For example, in my community the proxies are the first type. Only the persons at the annual meeting actually vote. We use the proxies to see who should get additional ballots (the election inspectors distribute the ballots, not a member of the board, and the proxies are turned back in attached to their ballots). Everything is kept with our association records.

In other states they may send out combined proxy forms/ballots, so the process would be different.
SheliaH
(Indiana)

Posts:2749


10/29/2019 2:54 PM  
We also use our proxies to establish a quorum and/or name someone to vote on our behalf. We can also write in the candidate's name. First, we count the number of proxies received and the number of people attending the meeting and add them together - if the total number is 10% or more of the units (1 vote per unit), we have a meeting.

When it's time for elections, the proxies should indicate if the owner is authorizing the board president to cast the vote on his/her behalf or a vote cast for whoever's listed on the card.

In this case, I think you know what needs to happen next, but if you need to read it for yourself - the rest of the board should compel the acting secretary to turn in the proxies on time and if he/she refuses, you may need to have the association attorney send him/her a nastygram, followed by legal action if necessary. In the meantime, the board should also relieve that person of his/her officer position. Check your documents - usually, the homeowners elect board members and then the board selects officers from among themselves. That means the board can dump him/her as an officer, but homeowners will either have to vote the person out or recall him/her. By the way, why is the acting secretary also the treasurer? Those positions really need to be separate.

Go talk to your board members (all of them) and demand they take action - if they cannot or refuse to, you may need to rally together your neighbors to toss all of them and then have another election to pick their replacements. After that, take a good look at your election procedures and consider changing some of them to ensure fairness.
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Forums > Homeowner Association > HOA Discussions > Proxy Votes not turned in timely to verify election



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