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HankD (Florida)
Posts: 10
Posted:
Our HOA in central Florida held its yearly meeting for the purpose of approving next year's budget and electing board members. Our PM sent all homeowners a blank proxy with the following cover letter statement: "Enclosed is a Proxy form for establishing quorum requirements. You are urged to participate by attending in person or by returning the proxy form signed by your 'designated voter' and mailing it in the self addressed envelop marked 'proxy'to be received before the meeting. If you appoint a specific person to be your proxy holder, please ensure he/she will be attending the meeting.
Nomination may be taken from the floor at the meeting and the voters at the meeting may personally cast ballots.

Three board members solicited 22 proxies from home owners and handed them to the PM at the meeting. These proxies accounted for 27 votes which got the 3 members reelected. Each of the 3 board members voted for up to 5 nominated members, using a 'secret paper'ballot.

Wording on the proxy are as follows:
"KNOW ALL PERSONS BY THESE PRESENTS that the undersigned hereby appoints the Secretary of the association or (blanks for homeowner to submit a name), attorney and agent with the power of substitution for and in the name, place and stead of the undersigned, to vote as proxy in order to establish a quorum at the Annual Meeting of the Membership. Location is indicated here, and any adjournment thereof, according to the number of votes that the undersigned would be entitled to cast in order to establish a quorum.
CAN I REQUEST THE PM ACCESS TO THESE 17 PROXIES, to review them in order to establish integrity ?

Hank
SusanW1 (Michigan)
Posts: 5,202
Posted:
Probably not. Unless you have good cause.

Do your bylaws outline election procedures?

If not, the president should have appointed a "teller" or election committee whose job it is to run the election. i.e. verify all votes, count them, report the findings to the president (who announces the results) If you suspect foul play, you MAY have a case to ask that the election be declared in valid. However, the time to protest the election process was at the election itself. The ballots may even have already been destroyed.

DonN (Michigan)
Posts: 357
Posted:
HankD

Check the Florida laws that govern your HOA.

Your election procedures are deficient which creates the possibility for unwanted events. Any process which allows nominations at the annual meeting without advance notice is an opportunity for abuse. Your bylaws should be amended to allow all members to be able to nominate candidates well in advance of the meeting. Those accepting the nominations are then on the ballot for the annual meeting. The proxy can then direct the vote on the candidates. With open prior nominations, nominations from the floor should not be allowed.

Your proxy example is a classic example of "legal abuse". What was provided was likely legal, but important options available to the proxy giver were not described, namely the authority to provide instructions to the proxy holder.

DonN (Michigan)
Posts: 357
Posted:
HankD

Check the Florida laws that govern your HOA.

Your election procedures are deficient which creates the possibility for unwanted events. Any process which allows nominations at the annual meeting without advance notice is an opportunity for abuse. Your bylaws should be amended to allow all members to be able to nominate candidates well in advance of the meeting. Those accepting the nominations are then on the ballot for the annual meeting. The proxy can then direct the vote on the candidates. With open prior nominations, nominations from the floor should not be allowed.

Your proxy example is a classic example of "legal abuse". What was provided was likely legal, but important options available to the proxy giver were not described, namely the authority to provide instructions to the proxy holder.

HankD (Florida)
Posts: 10
Posted:
Thank you for the responses.
Unfortunately, our documents are not specific enough to prevent election irregularities. Our election committee consisted of 2 volunteers selected from attendees at the meeting to count the votes submitted on ballots and by proxy and the PM kept score. Proxies were not really ballots, they were meant to establish quorum, and to assign someone to vote in their stead. At the end of the count, the PM named the 5 individuals who either received the most votes by ballots or whose name was on proxies the most.

Hank

Hank
SusanW1 (Michigan)
Posts: 5,202
Posted:
Hank - you originally asked if you could "access" the proxies to check their accuracy.

The answer is NO - no member is allowed to look at another member's ballot (even if this was a proxy form used to establish the quorum, it really verified a member's particpation in the voting process)

The Teller's Committee or other person named in the bylaws is the only one who has authority to touch ballots, voter registration or other forms relating to voting.

BradP (Kansas)
Posts: 2,640
Posted:
Aren't proxies part of the records of the association and therefore available to be seen by members??? I don't know, that is why I am asking.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Unless your bylaws or convenants say differently, the "records" that are open for inspection - to members only and by appointment with the secretary - are the minutes of the Board meetings - which would include the financial report presented to them at those meetings.

Minutes of the AGM are always available to members upon request, along with the audited end of year financial report.

Election documents are PRIVATE and not open for inspection by members. Members, however, can motion for a re-count of the ballots, with good cause.
BradP (Kansas)
Posts: 2,640
Posted:
actually just more than minutes are open for review, any contracts signed off on, architectural requests, etc. are available.
HankD (Florida)
Posts: 10
Posted:
Thanks everybody for your answers. Our documents and the Florida Statute does not indicate any direction a homeowner can take when suspecting election irregularities. All I can do is (1) push for a new property manager and (2) initiate a recall for at least 2 board members. Thanks again.

Hank

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