We really need some advice on dealing with our out of control HOA. I apologize for the length of this post in advance but wanted you to have the full details. I informally represent a group of about 30 fellow homeowners.
Our HOA recently held their annual elections. Here are our concerns. Are they valid and if so what can we do?
Issue #1: Proxies. Our By-Laws contain the following entries (Bold Text mine):
a. Election. Election of Officers shall be by written ballot. At such election, the Member or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of these Bylaws.
b. Proxies. At all member meetings, each member may vote in person or by proxy.
Prior to the election, the Officers announced in our monthly Newsletter that all Proxy forms must be submitted to the Board by a specific date that was one week in advance of the election so they could be validated. This was also printed on the proxy form. Any proxy forms received after that date would not be accepted or allowed in the election. Proxy forms also could not be brought to the election. We raised this issue at the beginning of the election meeting. Our point was that by setting this arbitrary date they were denying residents their right to vote and therefore violating our By-Laws. They stated they were in their rights to set the proxy cut off date and it was OK since the date was announced well in advance of the election. Their position was since it was announced in advance the By-Laws weren't violated. I read entry "b" above. I asked if we were attending a member meeting. Answer: YES. I asked if they were going to allow me to submit a proxy vote for a neighbor. Answer: NO. We had a lawyer who teaches law at a local university tell them they were wrong and they just ignored him stating the early announcement validated their action.
Issue #2: Proxy forms must be submitted to the Board.
Three of the Board members including the incumbent President were running for re-election. We were very uncomfortable with them having the proxy forms. Forms could be "lost". They said nothing prevented the resident from making a copy and bringing it to the election. What good would that do if the original was "lost" and they weren't accepting Proxy forms at the election.
We need some good advice. If issue #1 is a clear violation of the By-Laws then please tell us and what we can do.
Thanks.
Our HOA recently held their annual elections. Here are our concerns. Are they valid and if so what can we do?
Issue #1: Proxies. Our By-Laws contain the following entries (Bold Text mine):
a. Election. Election of Officers shall be by written ballot. At such election, the Member or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of these Bylaws.
b. Proxies. At all member meetings, each member may vote in person or by proxy.
Prior to the election, the Officers announced in our monthly Newsletter that all Proxy forms must be submitted to the Board by a specific date that was one week in advance of the election so they could be validated. This was also printed on the proxy form. Any proxy forms received after that date would not be accepted or allowed in the election. Proxy forms also could not be brought to the election. We raised this issue at the beginning of the election meeting. Our point was that by setting this arbitrary date they were denying residents their right to vote and therefore violating our By-Laws. They stated they were in their rights to set the proxy cut off date and it was OK since the date was announced well in advance of the election. Their position was since it was announced in advance the By-Laws weren't violated. I read entry "b" above. I asked if we were attending a member meeting. Answer: YES. I asked if they were going to allow me to submit a proxy vote for a neighbor. Answer: NO. We had a lawyer who teaches law at a local university tell them they were wrong and they just ignored him stating the early announcement validated their action.
Issue #2: Proxy forms must be submitted to the Board.
Three of the Board members including the incumbent President were running for re-election. We were very uncomfortable with them having the proxy forms. Forms could be "lost". They said nothing prevented the resident from making a copy and bringing it to the election. What good would that do if the original was "lost" and they weren't accepting Proxy forms at the election.
We need some good advice. If issue #1 is a clear violation of the By-Laws then please tell us and what we can do.
Thanks.
