Jump to content
The Official RONR Q & A Forums

Recommended Posts

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 closed, there was an informal Owners Forum where owners were allowed to speak their minds on a variety of topics.  The director's proxy spoke at one point and the Parliamentarian realized that he was not an owner and questioned his participation.  The director then spoke up and said "That's OK, he's my proxy and renovation contractor," and the Parliamentarian allowed the proxy to speak.  It didn't affect official business, but I found it strange that the proxy and the proxy assignor were both at the owners meeting. 

 

Questions:  If an owner, or group member, assigns a proxy but then the owner, or member, attends the meeting, can the proxy also attend?  Doesn't that run the risk of double voting?  Wouldn't the attendance of the proxy assignor nullify or exclude the attendance of the proxy? 

At monthly board meetings, this board will not allow renters, owners' family, even Power of Attorney holders to attend; only owners may attend, and others only with special permission from the board.  I believe that this standard also applies to annual owners meetings in that only owners or their proxies may attend.  While state law and the Association Bylaws allow assignment of proxies for meetings to establish a quorum and to vote, both are silent on whether or not both the proxy assignor and proxy may attend the same meeting at the same time.

 

Any thoughts? 

 

FYI, if these issues were addressed in our Bylaws, Declaration, or state laws, I would not have joined this forum. 

 

Thank you for your assistance.

Share this post


Link to post
Share on other sites

Beware.

• Do not confound (a.) an annual meeting, of the general membership; with (b.) a meeting of a board.

• While proxies may be allowed for an annual meeting, it is unheard of for a board to be allowed the use of proxies.

• Since a board meeting is a meeting where only true sitting board members can vote, then the fact that a non-board-member (i.e., a general membership member) grants his proxy to another party is a meaningless gesture, since that holder of the proxy cannot vote inside a board meeting, and so has no rights to even attend a meeting of a board, much less cast a ballot on behalf of the issuer of the proxy.

• Since Robert's Rules of Order disallows the use of proxies in any format in any meeting, then any questions about "How proxy voting affects the rights of members or non-members?" must be answered by the state law which allows for the use of proxies.

Share this post


Link to post
Share on other sites

 

 

 

Quote

Our Home Owners Association recently held its annual owners meeting. 

 

2 hours ago, Kim Goldsworthy said:

Beware.

• Do not confound (a.) an annual meeting, of the general membership; with (b.) a meeting of a board.

• While proxies may be allowed for an annual meeting, it is unheard of for a board to be allowed the use of proxies.

• Since a board meeting is a meeting where only true sitting board members can vote, then the fact that a non-board-member (i.e., a general membership member) grants his proxy to another party is a meaningless gesture, since that holder of the proxy cannot vote inside a board meeting, and so has no rights to even attend a meeting of a board, much less cast a ballot on behalf of the issuer of the proxy.

• Since Robert's Rules of Order disallows the use of proxies in any format in any meeting, then any questions about "How proxy voting affects the rights of members or non-members?" must be answered by the state law which allows for the use of proxies.

It would appear that Warrior Woman did not "confound" (whatever that means) an annual meeting of the general membership with a meeting of the board.

Share this post


Link to post
Share on other sites

Based on the original post, here is what I can gather:

1)  The Board Member (Mr. X) is also an owner in the HOA, therefore also a general member per RONR.

2)  The meeting in question was the Annual General Meeting (AGM).

3)  Mr. X gave Ms. Y his proxy.

4) Mr. X then showed up at the meeting.

5)  Ms. Y is not an owner and did not hold another proxy.

6)  Ms. Y remained silent during the meeting and only spoke after the meeting was officially adjourned.

Based on the above, and would the original poster please correct me if any of those items above is incorrect, here is what I have to say:

a.  Proxies are only valid if the By-laws or applicable statute (law) says so.  I would imagine so, as this is an HOA and proxies are commonplace in my experience.

b.  Mr. X, as an owner/general member, had every right to provide his proxy to Ms. Y.  The only exceptions on who can hold a proxy must be found in the By-laws or applicable law.

c.  As soon as Mr. X arrived at the meeting, the proxy is null and void.

d.  If Ms. Y  cannot speak, make motions, etc. and can be asked to leave the meeting as she is not a member.  However, once the meeting adjourns, she is free to speak as often as she wishes.  Once a meeting is adjourned, there is no formal meeting, just chit chat.

e.  There is no 'Parliamentarian' running the meeting, only a Chairman - whether that be the normal Chairman (i.e. the President) or a Chairman pro tem (temporary Chairman.)

Based upon what I have read, Ms. Y was free to speak and no one could tell her not to as there was no meeting at the time.

Share this post


Link to post
Share on other sites
Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...