Questionable use of Proxies

[Tina Marie]

I was recently asked to sign a proxy by someone going door to door of our HOA. Annoying but not against our by-laws. I did not sign the proxy because I planned to attend our annual meeting At this meeting the same person that had been at my house came with 80 proxies that he obtained and that would give him enough votes to be on the board, not for chickens, as what he told me. He also had altered the proxies so that the BOD Pres was not on it but his name only. 

There is much a buzz about this. So much that 3 of the old board (that were voted on to continue) resigned, and my HOA rep said "We are seeking legal council". 

My questions, can a proxy be altered? And those that were misrepresented, do they email our BOD their proxy was not their intentions and they were not truthfully advised?

I've read our by-laws and they were clear that we can vote via proxy but nothing like this. 

I appreciate you answering my questions. just very curious.

[Atul Kapur]

These are good questions to put to the legal counsel. RONR does not allow proxies so answers to any questions about their use (or misuse) will have to be found in your bylaws, the laws applicable to your HOA, or the courts.

I suggest that it would be important to determine whether the alteration was done before or after the proxy was signed.

[Richard Brown]

10 hours ago, Atul Kapur said:

I suggest that it would be important to determine whether the alteration was done before or after the proxy was signed

I agree and would add that in my opinion that determination is likely critical. Altering a “blank form” before it has been filled out and signed so that it says what you want it to say is not it all the same thing as someone altering it after it has been filled out and signed by someone else. 

[Richard Brown]

11 hours ago, Tina Marie said:

I was recently asked to sign a proxy by someone going door to door of our HOA. Annoying but not against our by-laws. I did not sign the proxy because I planned to attend our annual meeting At this meeting the same person that had been at my house came with 80 proxies that he obtained and that would give him enough votes to be on the board, not for chickens, as what he told me. He also had altered the proxies so that the BOD Pres was not on it but his name only. 

There is much a buzz about this. So much that 3 of the old board (that were voted on to continue) resigned, and my HOA rep said "We are seeking legal council". 

My questions, can a proxy be altered? And those that were misrepresented, do they email our BOD their proxy was not their intentions and they were not truthfully advised?

I've read our by-laws and they were clear that we can vote via proxy but nothing like this. 

I appreciate you answering my questions. just very curious.

If there is evidence that the candidate in question altered the proxies after they were signed, he and any others who were complicit in this scheme can be subjected to disciplinary procedures as set out in chapter XX of RONR. Discipline can range from simple censure to removal from office and even expulsion from membership. See also the answer to FAQ # 20 on the main forum regarding removing officers.

In addition, if it can be proven that the proxy forms were altered after they were signed and that they were improperly voted and that those votes could have affected the outcome of the election, that might provide grounds for a new election per RONR . The key to that is whether there were enough such illegal votes to affect the outcome.. You do not have to know how those votes were cast, but only whether there were enough of them that it could have affected the outcome.

Edited December 15, 2019 at 05:17 PM by Richard Brown
Corrected typo

[Tina Marie]

I wanted to follow-up with you as there has been A LOT that has happened. Legal Council was brought in (a group of 12 homeowners retained a firm) THE ENTIRE board was proven to have tampered/altered the proxies (we were told by the member going door to door that the proxy was regarding allowing homeowners to maintain chickens on our land- a very hot topic- and of the 80 proxies presented 70+ members did not read the proxy they signed and had NO IDEA they were not voting for keeping chickens but to get this name on a ballot). The entire Board has been recalled and the homeowners are holding a new election next week and with our legal council, there are NO PROXIES allowed! We are also (with their help) revising our by-laws to figure out what loop hole this guy was able to find. Also, HE is trying to sue the HOA but has only named the 12 homeowners that have retained someone ( I am one, joy!) 

Sadly, the HOA management company refused to renew their contract as they wanted nothing to do with this situation nor did they want to "stick around" to help resolve the issue. We did find a new company after the BOD was advised that they can not self manage themselves with the interest that we have in oil rights (and that is per our contract with the oil rights)

Oh by the way, the chicken issue was voted down again. Thanks for the advise!