Get 1 year of free community web site hosting from!
Tuesday, July 14, 2020

HOATalk is a free service of

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Proxy Votes not turned in timely to verify election
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages


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?


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.


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?


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.


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.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Proxy Votes not turned in timely to verify election

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.

General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement