Winni Posted March 13, 2015 at 12:32 AM Report Share Posted March 13, 2015 at 12:32 AM Issue: Our HOA would like to do a vote by proxy/mail for a very important issue that requires a quick turnaround and we have members that reside in different states. The HOA has already held two special meetings to discuss this issue (which has been discussed for a few years) and the majority have made their decisions. It's a yes or no vote. Question: Based on the actual language that appears in our By-Laws (see below), will this be allowed according to Roberts Rules? Our HOA By-Laws state under Section 1. state that “The rules contained in Roberts Rules of Order shall govern the Association in all cases to which they are applicable, and in which they are not inconsistent with the rules of order of this Association.”Under Section 2 it states “The personal or proxy representation of at least one quarter of the members in good standing shall be necessary for the transaction of business.” Under Voting, it just states that at each annual or special meeting the owners who are in good standing will be allowed to vote. Link to comment Share on other sites More sharing options...
Edgar Guest Posted March 13, 2015 at 12:37 AM Report Share Posted March 13, 2015 at 12:37 AM . . . will this be allowed according to Roberts Rules? No. But it might be allowed according to your bylaws. Link to comment Share on other sites More sharing options...
Winni Posted March 13, 2015 at 12:54 AM Author Report Share Posted March 13, 2015 at 12:54 AM It is very important that it is allowed by our by-laws. From the language in our by-laws, I would think it would be allowed, but we don't want it contested. Link to comment Share on other sites More sharing options...
jstackpo Posted March 13, 2015 at 02:20 AM Report Share Posted March 13, 2015 at 02:20 AM I'm not clear what you mean by "proxy/mail". But in any case I see NO authorization for mail voting in the portion of the bylaws you quoted. Link to comment Share on other sites More sharing options...
Richard Brown Posted March 13, 2015 at 02:38 AM Report Share Posted March 13, 2015 at 02:38 AM I'm not clear what you mean by "proxy/mail". But in any case I see NO authorization for mail voting in the portion of the bylaws you quoted.I agree with both of Dr. Stackpole's statements, as well as the one by Edgar Guest. What is "proxy/mail" and is it authorized in the bylaws? Authorizing the use of proxies is not the same thing as authorizing a mail vote. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 13, 2015 at 12:58 PM Report Share Posted March 13, 2015 at 12:58 PM RONR prohibits the use of proxies to the maximum extent permissible by law. So it's no good looking to RONR for authorization. Unless proxies are authorized in your bylaws or are mandatory under the laws of your state, you can't use them. Mail votes would also require authorization in the bylaws, but apart from that, mail votes and proxies are two very different animals, and I join those who have no clue what a mail/proxy is. Link to comment Share on other sites More sharing options...
DanielEHayes Posted March 13, 2015 at 03:49 PM Report Share Posted March 13, 2015 at 03:49 PM Also, Do you really need all the proxy/mail mutants? It looks like the "quorum" is 25% of the members in good standing? What is the typical attendance? Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted March 13, 2015 at 05:39 PM Report Share Posted March 13, 2015 at 05:39 PM Issue: Our HOA would like to do a vote by proxy/mail for a very important issue that requires a quick turnaround and we have members that reside in different states. The HOA has already held two special meetings to discuss this issue (which has been discussed for a few years) and the majority have made their decisions. It's a yes or no vote. Question: Based on the actual language that appears in our By-Laws (see below), will this be allowed according to Roberts Rules? Our HOA By-Laws state under Section 1. state that “The rules contained in Roberts Rules of Order shall govern the Association in all cases to which they are applicable, and in which they are not inconsistent with the rules of order of this Association.”Under Section 2 it states “The personal or proxy representation of at least one quarter of the members in good standing shall be necessary for the transaction of business.” Under Voting, it just states that at each annual or special meeting the owners who are in good standing will be allowed to vote. It would make no sense for your bylaws to count proxies toward the number of members present unless those members could actually vote by proxy, but you haven't quoted the bylaws provision that authorizes such votes.But if votes by proxy are allowed, there is nothing in Robert's Rules that would prevent the HOA from mailing proxy forms for members to return by mail. Link to comment Share on other sites More sharing options...
DanielEHayes Posted March 13, 2015 at 07:20 PM Report Share Posted March 13, 2015 at 07:20 PM Issue: Under Voting, it just states that at each annual or special meeting the owners who are in good standing will be allowed to vote. I did notice that it seems that Proxies help them achieve quorum but don't seem to be authorized to vote. Am I reading that right the way the OP has written it? Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 13, 2015 at 07:25 PM Report Share Posted March 13, 2015 at 07:25 PM I did notice that it seems that Proxies help them achieve quorum but don't seem to be authorized to vote. Am I reading that right the way the OP has written it? Let's hope not. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.