Proxy voting

I don't see the conflict. You have just watermarked the paper.

The regulations from the State cover the contents of the proxie.

As long as your proxy form includes all of the info required, there's no problem.

What's missing on your form that would make you feel it's invalid?

Your organization can be "more restrictive" in your requirements - for example that members use an "official" proxy form for the vote.

But it cannot "loosen up" (be less restrictive, i.e. ignore,alter, etc.) the State requirements.

Tell your members that the "official" proxy form has been defined and any proxies that come in not "official" will be declared invalid and not counted.

(That is if you all feel so strongly about this. Pick your battles, huh?)

Your FIRST sentence in your FIRST post said
"The election committee with support of the BOD" - so there was the assumption that this committee ran all this thru the Board for approval!!!!

NOW you are saying that this Committee just "decided among itself" to use this particular form.

So this is not a Board approved directive!!

So . . . . What does the BOARD want to do? It's their call, now.

The Committee had no right to place these restrictions on voting procedures without the approval of the Board.

(Because you can NOT enforce this, you should just be concerned that ANY form have the state requirements on it - and accept copies of the form your released.)

Erika,
Sorry, I just read where it is NOT in your ByLaws. Gosh, does not anyone on your Board know what items they can and cannot change without doing it the right way? All voting and election changes from your original documents must go thru the amendment procedures.

Here in California our Civil Code Section 1363.03 gives genearl direction on what type of proxies that can be allowed.

California Corporations Codes are more specific as to how they are used however they do not tell you what type to accept or pass out.

California also requires that we issue a proxy application to anyone wishing to designate a proxy voter. The holder of that proxy must then register the proxy with the Secretary before the election. The proxy holder then opens the proxies at the polls and is issued a regular ballot where they must vote individually in secret the ballot. General proxies are not allowed and can be voided since they are prone to fraud during any election.

My suggestion is elimination of the proxy system and have a simple mail in ballot winner take all. Of course you would have a deadline for such mail in ballots to be received by the inspectors or neutral party. All others would be required to vote in person at the polls.

Also in California the proxy must be in two parts. One page with full instructions on how to use the proxy and the proxy itsself. Check your state election rules on this for HOAS .

There is a very simple solution to all these proxy problems: Have your state legislature eliminate proxy voting as Arizona has. Require mail in ballots from members. So simple. No more gathering proxies to control the HOA. Harold

Harold,
The association where I own a rental and am chair of the Documents committee has done just what Arizona has done. We, thru an amendment to our ByLaws, eliminated proxy use altogether. Everyone gets a ballot with return, stamped envelopes, very clear instructions and a date deadline to follow. This makes it so much easier to do counts and we have absolutely no questions about validity of ballots as they are secured by unit numbers. We have a Master checkoff sheet when the ballots come in. The outside envelope has the voter's identification on it, the inside has a sealed ballot envelope. This is put in a lock box until the election meeting at which time, the election committee of 7 members, opens them and they are counted. Easy as pie.

We are fortunate tho because of the 230 homes, we need 69 for a quorum and usually there are 100 plus members who show up. That's because they all care as to what the association spends it's money on.

Question for you Donna? One of the problems with Proxies stems from the fact that they are readily copied and solicited from other highly motivated residents in the community that are more or less fanatics. Although their are limits on how many proxies that one resident may hold and bring to the meeting; we've found that the fanatics literaly badger other residents to give them their proxy. Many of the residents, but sign the proxy(never filling it out) and just hand it to the proxy solicitor. Now there's nothing to prevent the proxy solicitor from filling out the proxy and then just mail it in as if it came from the solicated resident. Many of the residents don't care and just surrender the proxy in order to get the solicitor off of their front porch. Now you can see how to circumvent the rule about how many proxies that one owner can hold and bring to the meeting. NOW - What about mail-in ballots? How do you safeguard the process so that the same scenario doesn't occur here where folks solicite the ballots and then the solicitor mails the ballot into the Board in lieu of mailing it in themselves? What's to keep somone from soliciting ballots from residents, asking them only to sign and not fill out the ballot and then the solicitor fills out the ballot and mails it in. You'd be surprised how many people don't care about this process and just surrender the ballot or proxy. Have you had any problems with this? Any other thoughts. Thanks.

Bug - read your bylaws or other documents to find out the function of these proxies - are they used to obtain a quorum for the meeting - so business can be conducted?

Using proxies is dangerous for elections, IMHO. Consider mail-in ballots, if possible. Double envelope return, with the ballot marked by the voter, only.

Nominations from the floor AND write ins for elections are allowed UNLESS prohibited by your bylaws and/or other documents. For example, if the rules say that the nominations are received and then closed by a certain date, the ballot is prepared and mailed out. Otherwise, all the people who DID show up for the meeting can nominate from the floor. The mail-in ballots miss all the fun on this part of the meeting.

Well, this is a new one.

Seems we have too many owners involved in an election or quorum. One guy goes and collects 20 or whatever proxies and votes them for himself, and it is noted he is a lawyer. Be fair here folks, there is nothing wrong in what he did, we probably didn't think about doing that.

Also, there is a strong feeling that a proxy can take any form, as long as it is signed and states who the vote is for. I don't think there is any requirement to keep your vote secret if you elect to not keep it secret.
The double envelope keeps it secret up to a point, the opening the election to the floor for votes or nominations keeps it open. If you vote on a slip of paper and fold it at the meeting and you are a member, that is no problem, but it is hardly secret. If someone wants the Board out, try a recall, it is much easier than cheating. We all have read of cheating on the ballots or proxies, but any association that allows shady dealings in an election may be getting what they deserve.

There are exceptions to all that I say or what anyone says, that's only right. But, I don't see us having the wherewithall to monitor any of these procedures. It is up to the association to insure elections are fair, and if a few people want to manipulate them, then don't allow it. As always, is the problem in elections a bad board or ego trippers or whatever, it happens. It does not happen enough to turn the world upside down.

I would ask each poster here to ask themselves the question. Would you knowingly allow an illegal election in your association. I bet each and everyone of you have taken steps to insure you are comfortable with how you do it, and your doubts would be satisfied before the election.

I also think proxies should not be assigned to any member of the Board, certainly not to the secretary. Why put a Board Member under the gun. Open and count the sealed envelopes at the annnual meeting, we all know those for something and some against something, select one of each to count and announce results.
It makes no difference if your vote for association Board members is secret. This is like a family sitting around the kitchen voting on who is going to do the dishes, by secret ballet; talk about trouble.

We seem to be making an issure of owners chewing on the board members in public places, it's not nice but, it happens and some board members I have seen, if you want to talk to them you have to chain them to the wall to keep them from running away. Of course that indicates there are two problems, the owner and the board member, so is this new?

How about we inplant a micro chip under the skin of each voter and when it is time to vote we read his desires that he/she transfered to the chips.

Mike - you said "Many of the residents found out later that the resident only voted for himself, when the resident let him have the proxy, it was understood that the proxy votes were to go to all 5 members running."

This is what happens when "blank" proxies are flying around. You snooze, you lose.

Those proxy voters should have designated their vote IN WRITING, not given a "general" proxie, which allows the proxy holder to determine when and where it's used.

Time to go into your bylaws and put some limits and/or guidelines on these proxies.

Susan - Thanks for your response. You have stated the obvious here. If this particular resident was on your front porch, reaking of alchohol, ranting and raving, waving the arms in the air, what most people have done, was just them the proxy.. just to get them off of their front porch. Of course, we have a lot of diversity in the neighborhood, and many of the residents, both native americans and newcomers with language challenges, have no idea how to fill out the proxy. Yes, it's probably time to amend the documents were it addresses proxies. Take care.