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Found 5 results

  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 person or via proxy) and VOTING at a meeting will determine the quorum. Is this correct?
  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 has given no directions as to the manner of casting the undersigned’s vote My question relates to the "for which the undersigned has given no directions" part of the statement. That part of the statement can provide the opportunity for any homeowner, or the Board of Directors, to cast more than one vote on any issue before the Membership Body. Question: Would it be in order to make a motion to request that the teller of the votes state the number of 'affirmative' and 'negative' Proxy votes when the results of the vote count is given? And, if in order, when should the motion be made? Before the question at issue is put to the assembly?
  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 recommendations on how to challenge this inappropriate activity.
  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 count toward quorum?
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