Improper conduct?

Is it unethical for a member running for the board to solicit proxies? This member was criticized because she brought the proxies to the annual meeting rather than turning them into the office prior to the meeting. She obtained the proxies from friends and neighbors that were unable to attend the meeting. Is it improper to bring proxies to the meeting?

In our association people have right up until the meeting starts to deliver proxies. Once the meeting is called to order, no more can be submitted.

Everyone,

Proxies are allowed in Florida and the Statutes do not state when they must be delivered to be allowed for the count. It is up to the individual documents.

Our Documents require all proxies to be in the posession of the association's secretary by 12;00 noon on the day of the election to be valid. We have had people deliver 19 proxies by a single person. It is legal but IMO, not all that ethical because now one person has the power and voting rights of 19 people which can easily control an election.

JoeW1

Well said, my thoughts exactly!

Eligible voters SHOULDN’T be as easily persuaded (as many are) to turn over their proxy (voting rights) when asked. IMO! Some, not ALL, legitimately cannot make an appearance and therefore it’s just easier to hand it over. They feel as though they are doing their part to be a “honorable” member of the community, by doing so.

Chuck W.

HaroldS: I agree with Arizona law on not allowing proxies for an election, since it is far better to include an absentee ballot with the notice of the election meeting (and nominees) for the member himself to complete and return.

I feel the use of proxies is overdone and many times members are not informed of their correct use or purpose.

Maybe with GloriaM working with legislation we will see some effort made to this end.

I have to respectfully disagree with the presumption that proxies are either unethical or nefarious in some way.

Proxies are a perfectly legitimate and, in my opinion, often underused option available to HOAs, whether by board members or association members.

It's probably true that people should be better versed or better educated in proxies and proxy legalities, but as a rule I think they are appropriate and acceptable.

In fact, if someone is coming to a meeting with a fistful of proxies, chances are that person did some heavy lifting in terms of face-time with association members from whom the proxies were obtained.

I think the perception that proxies are somehow suspect arises from the fact they are not used often and many people, including the BOD, might not expect that a resident would be proactive enough to obtain proxies. I think that is a misplaced presumption. Just because no one expected proxies to be used doesn't mean they are or were obtained either unethically or in a sneaky manner.

Granted, my opinion is based on our local experience with proxies. That's not just from them being used in our own association, but also from attending numerous local HOA workshops where board members from a variety of HOAs and COAs meet and work on skill workshops and working idea-sharing conferences.

Not once did anyone ever approach proxies as they are being characterized here. In fact, the more proxies can be utilized, the more business an HOA seems to be able to get done, especially since, as a rule, the general HOA membership is pretty much hands-off or non-active unless there is some sort of community or neighborhood crisis.

Case in point: one of our residents wanted to erect and above-ground pool. In fact, he DID erect it, even though he knew the CC&Rs only allowed in-ground pools. When he was caught with it, instead of taking it down, he decided to lobby the membership for an amendment to allow them. He canvased the neighborhood and obtained the requisite 25% signatures to bring the matter up for a vote. Then he canvased the neighborhood to obtain PROXY votes. Another resident, NOT a board member, felt strongly enough about the impending vote that she, too, canvased for proxies. When it came time for the meeting, the above-ground pool amendment failed. The guy who wanted the change obtained 9 proxies. The woman who wanted to defeat it obtained 75. The number of people attending the meeting added to the vote (he only got 2 more votes at the meeting, and one vote had to be disqualified as it was a husband and wife from the same home), versus 68 valid votes against). (One board member also had 2 proxies, from 2 board members who were not able to attend the meeting.)

By the way, 3 of the proxies he received were invalid as they were from members not in good standing, so technically he only had 6 valid proxies.

Notwithstanding, the efforts of both individuals were completely ethical, legitimate, and acceptable. If someone feels strongly about an issue, but not strongly enough to attend (or not able to attend), I commend them for turning their vote over to someone to make their position count.

Michele - What do you really think?

BugM said: "BugM
(California)

Posts:1

12/13/2007 10:19 AM Quote Reply
Michele - What do you really think?"

Well, now, that post was well worth the time and energy registering, wasn't it?

Did you have a bad day, or just have problems reading more than sound bites?