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  1. The Chair ruled under Rule 43, Decorum in Debate, that a member's proper name could not be used in a resolution before the body, only that individual's title. A point of order raised the issue that the referenced member was, in fact and at the moment, only represented before the body through a proxy. Do proxies negate the Rule 43 protections for individuals who are not present at the time of debate?
  2. I was recently reading bylaws that stated the following regarding QUORUM: "A quorum of any members' meeting shall consist of persons entitled to cast a least twenty-five (25%) percent of the votes of the entire membership present in person or by proxy. The joinder of a member in the action of any meeting by signing and concurring in the minutes thereof shall constitute the presence of such member for the purpose of determining a quorum." I know that "joinder" is a legal term, but I'm not sure I'm understanding that one line. As I understand it, it's saying that any member PRESENT (in
  3. The Bylaws of the Community HOA where we live state that member voting may be made in person, or by Proxy (See below) Bylaws: At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing, dated, and filed with the Secretary before the appointed time of each meeting. When membership meeting notices are sent to homeowners, the instructions on the Proxy Statement always contain the following statement: Such proxy is authorized to vote in his or her discretion on any matter properly brought before the meeting for which the undersigned
  4. It may be obvious but I’m looking for something to support challenging the following. Our Association will hold the Annual Homeowners Meeting very soon. A current Board member is up for re-election at this meeting. However, this same Board member has been going to homeowners to solicit their Proxy forms. These Proxies will be given to the Association Secretary and she will cast votes for this Board member to be re-elected. To complicate this further, there is someone else who will be running however, the individuals who have already gave their Proxy don’t know this. I’m looking for recom
  5. Guest

    Proxy - page 2 blank

    We recently had an election where a proxy was turned in with the front page complete (Owner name, address, signature) but the 2nd page was left blank. In California, page 2 has the voting instructions. List of candidates or vote at proxyholder's discretion. The proxy was not accepted and handed back to proxyholder. Proxygiver was contacted shortly thereafter and page 2 was then completed. The proxy was presented again and rejected again. There seem to be no clear procedure for this situation. Does anyone know of specific protocol for handling a proxy presented this way. Should it cou
  6. Aloha e kakou, Aloha to all of us! Our Home Owners Association recently held its annual owners meeting. The meeting met its quorum threshold, using proxies. The presiding officer was not the usual Board of Directors President but rather a Parliamentarian routinely hired by the management company to conduct these meetings. At this meeting, the proxy of one of the board directors was present, as was the director. There were no votes taken, election was by acclamation, so there was no harm, nor foul during the official business portion of the meeting. After the meeting close
  7. Guest

    Proxy

    Can a proxy count toward a quorum? For example, if 6 is a quorum and you have 5 present and one has a proxy from an absent member does that constitute a quorum?
  8. I live in an HOA community where the use of proxies has been abused. Any help you can offer is appreciated. I apologize in advance for the length of this message. A small group of owners (4-6) decided they don’t like 2 members of the current Board. The style is different and I believe uncovering problems of the past has bruised ego’s (e.g. not having the required financial audit for at least 5yrs). This band of angry women (former Board members) used guerilla warfare. Under the guise of requesting signatures to call a Special Meeting to discuss “Misconduct” and “Financial Misconduct” o
  9. Can a Board member up for election carry a proxy for his/her own election?
  10. I had a member ask if he could give someone his proxy for the election at our Annual Business meeting since he will not be able to attend. The only part of the bylaws that list proxy voting is when proposing an amendment to the bylaws. The election section state the candidate receiving the most votes shall be elected. Historically, I've never seen anyone use the proxy voting method so I'm not sure how it works. Can he proxy for the election and would that mean it would count as part of the quorum? Also, does he need to specify what his proxy would count towards or does it give the other p
  11. For many reasons, members of our organization requested a review of the election documents after a new election. During the review, it was found that Board members, in disregard of state law, used proxy votes that they were not entitled to use (which also enhanced their own reelection chances), and that other members of the organization were unaware that proxies assigned to them were either invalidated without cause or simply ignored, thus depriving those members of the use of the ballots associated with those proxies. In response to what the review revealed, this is what the election managem
  12. Guest

    Proxy Voting

    I hold several general proxies from members of my HOA who live out of state. There will be a meeting next month when I will be unable to attend. The proxy contains no language, one way or the other regarding substitution. MAY I GIVE MY PROXY VOTING RIGHTS TO ANOTHER HOA MEMBER IN GOOD STANDING, FOR ONE TIME, TO VOTE IN MY ABSENCE?
  13. I've always been under the impression that if a procedural mistake is made during a meeting but no one objects at the time, the result is still considered valid, even if the mistake is discovered after the meeting is over. Is this true, or would the item need to be revisited somehow at a subsequent meeting? A specific example would be if at the beginning of a meeting the chair was informed by the credentials committee that there was a quorum present, but after the meeting it was challenged that some of the delegates had been counted incorrectly (perhaps they did not have the proper proxy for
  14. Our HOA is having the annual meeting and sent out the required meeting notice with a proxy form, a ballot form, bios of all candidates who wanted to be on the nominee slate for the open BOD positions. Several weeks after the forms were sent out, 3 nominees rescinded their names for 3 of the 4 open the positions. Subsequently, 1 of those individuals changed their mind and said 'put me back on the nominee slate'. To complicate the scenario, a small group of members within the HOA have filed a lawsuit against the HOA members/BOD. One (of many) points of contention within the HOA has been the us
  15. Welcome to the modern world, I guess... Our by-laws exclude proxy voting. They also provide procedure on telephonic or remote attendence, provided that the remote person can be heard and hear so as to interact, with the intent of the remote person(s) attending as if they were there in person. The question came up yesterday wherein during a Q&A session with our manager, a member of the board leapt up and shouted that another board member had texted a statement for the manager. I objected to this as a violation of ban on proxies, and the response that came back was that it wasn't a vo
  16. We have an upcoming meeting of our board. This meeting occurs yearly. These meetings are held in person. We have a board member that cannot attend the meeting but wants to be able to vote on items that we will vote on during meeting via video chat. Our bylaws do not allow for proxy voting (although that is not what is being requested). The only thing that we have in our documents about these types of meetings is in the application for positions that state that there is an expectation that there will be travel involved while serving as board member and included in list of events is this s
  17. We are entertaining the idea of having proxies stand in for members who are absent......Someone on the board said the proxy could be anyone in the membership, others say it should be someone already on the board. Some say it is not permissable under Robert's rules. I cannot take a chance in opening a can of worms because of the difficult one on the board.. I would rather have the absent committee chair appoint an assistant who would attend the Board meeting, We have done this in the past with no problem. The bylaws state that "each committee shall be represented at board meetings." Perhaps
  18. Guest

    No Proxy Vote

    Our bylaws have a simple "There shall be no proxy voting/There shall be no voting by proxy" rule. There has been quite a few debates as whether this rule applies to committee vice chairs whose responsibilities also note that he/she, In the temporary absence of the Chair from a meeting, the Vice Chair shall serve as acting presiding officer. Please share your interpretations of this ruling.
  19. Our bylaws provide for proxy votes to be given ONLY to a member who resides in the same district. All voting members MUST reside in the district which they represent. The Chairman has issued a Call which includes a proxy form. The proxy form designates the Chairman as the first option for assignation of proxy, citing his ex officio status as a member of all district organizations. Can the Chairman do that? Can those proxies be challenged?
  20. Are proxies counted towards establishing a quorum?
  21. Greetings, We are a condominium association in Oregon. All unit owners make up our membership, and we have a board of directors for regular monthly meetings. Every April, we have an annual meeting of all members, at which we vote in new Directors and other business (and eat dinner!). Our bylaws state that we must have, whether present or by proxy, 50% of our general members in order to have a quorum, and that a vote requires 50% of all members (not just 50% of those in attendance) to pass. In our annual meeting last month, we had 57%, so we had a quorum. The meeting notice included an ite
  22. Guest

    Absentee votes

    Our church congregation is preparing to vote on a pastoral candidate. The candidate has been approved by the church board, which follows Roberts Rules. The candidate must receive 75% of the congregational vote to be approved. Absentee voting is not addressed in our constitution and bylaws. Is absentee voting allowed by members of the congregation.
  23. Can a member who assigns a proxy then attend the meeting as a guest?
  24. Can a member of the association running for a position on an HOA Board, solicit and vote proxies from other members?
  25. Am I correct that our bylaws do not give authority to an annual meeting proxy holder to vote on matters not known beforehand? The bylaws appear to provide authority to the proxy holder to vote at will on matters known beforehand only if “best judgment” was selected. If a matter comes up for a vote during the annual meeting, am I correct that only those present should be able to vote on the matter? I am president of this nonprofit mutual benefit corporation, and I am preparing for our annual meeting. Thanks in advance for your assistance. The following is the language of Section 13, Voting
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