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Board Nominee Collecting Proxy Forms


Guest Sara

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We have a homeowner who is interesting in running for the BOD. He is going door to door spreading misinformation about current board members as well as what would be possible if he were elected.

Additionally, he is carrying a stack of proxy forms with his name in the " ...as my attorney to vote as my proxy" slot and telling people that if they can't attend he'd be happy to vote on their behalf -- they just need to sign the form. There is no nominating committee. The management company does have a questionnaire for potential candidates to fill out, although none have been filled out. Some neighbors I have talked to have actually expressed they felt intimidated into signing, and some are shocked to learn that the "facts" he presents don't provide all the details or are inaccurate.

Is it legal for a self-proclaimed nominee to go around spreading misinformation and collect proxy ballots from residents so he can vote for himself? As a side note, our management company originally sent out the proxy ballots to all homeowners with instructions for returning them (by mailing them back to management -- it does not give the option to deliver the proxy via another resident, although I'm not sure if this is relevant).

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[snip]

There is no parliamentary rule against electioneering, nor, for that matter, against bad-mouthing other members when not in a meeting. Remember that nominations are debatable: members may wish to consider what a candidate has done when they decide whom to vote for.

Do be sure to take a look at FAQ #10 (at http://www.robertsrules.com/faq.html#10 ).

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