veronica88
Junior Member
What is the name of your state (only U.S. law)? Colorado
I am hoping you can clarify a few questions I have concerning using previous proxies in conducting another Special Election of a board director.
Case:
1. Homeowner ran for an open board director position at an annual meeting and was voted by majority of owners (mostly by proxy votes) to an appointment as board director. Quorom was met through proxies.
2. Management company knew prior to the election, that this homeowner did not meet the requirements of being a homeowner of record as our bylaws require and therefore not eligible to run for a position, but allowed the nomination of the homeowner and his subsequent election to be entered as valid at this annual meeting.
3. After the homeowner was voted as a Director, Management Company informed the board that his appointment was invalid, and thus his election to the board illegal.
4. Subsequently, 15 days after the election, the board director in question, provided the board the papework that was filed with the courts making him a legal co-owner of his property. Board discussed and decided that since the membership voted on his initial appointment in good faith, that we would have to hold another special election and inform homeowners that they needed attend to re-vote because at the time the vote was taken, this homeowner was not in fact on the lien to his property.
5. Management sent out new letters informing homeowners of a new special election that is required to either re-elect, or not elect this homeowner.
6. Management also sent out new proxy forms and states that the old proxies are invalid despite a disclaimer on the actual proxy form that they are valid until terminated.
7. Management states that since this is a new special election meeting, and the annual meeting was previously conducted, new proxies have to be collected.
7. There is nothing in our bylaws that gives any guidance on the term of proxy votes past stating that the only way to terminate a proxy vote is by homeowner attendance at another meeting.
Questions:
Can our Management Company invalidate previous proxies collected at our annual meeting for voting for this particular homeowner to be a board director?
If so, what is the guidance or rules that oversee this? Or, do these previous proxy votes collected stand valid.
Should we be voting by general proxies at annual meeting for board director positions, or should we be using secret ballot to conduct elections.
Thanks!
I am hoping you can clarify a few questions I have concerning using previous proxies in conducting another Special Election of a board director.
Case:
1. Homeowner ran for an open board director position at an annual meeting and was voted by majority of owners (mostly by proxy votes) to an appointment as board director. Quorom was met through proxies.
2. Management company knew prior to the election, that this homeowner did not meet the requirements of being a homeowner of record as our bylaws require and therefore not eligible to run for a position, but allowed the nomination of the homeowner and his subsequent election to be entered as valid at this annual meeting.
3. After the homeowner was voted as a Director, Management Company informed the board that his appointment was invalid, and thus his election to the board illegal.
4. Subsequently, 15 days after the election, the board director in question, provided the board the papework that was filed with the courts making him a legal co-owner of his property. Board discussed and decided that since the membership voted on his initial appointment in good faith, that we would have to hold another special election and inform homeowners that they needed attend to re-vote because at the time the vote was taken, this homeowner was not in fact on the lien to his property.
5. Management sent out new letters informing homeowners of a new special election that is required to either re-elect, or not elect this homeowner.
6. Management also sent out new proxy forms and states that the old proxies are invalid despite a disclaimer on the actual proxy form that they are valid until terminated.
7. Management states that since this is a new special election meeting, and the annual meeting was previously conducted, new proxies have to be collected.
7. There is nothing in our bylaws that gives any guidance on the term of proxy votes past stating that the only way to terminate a proxy vote is by homeowner attendance at another meeting.
Questions:
Can our Management Company invalidate previous proxies collected at our annual meeting for voting for this particular homeowner to be a board director?
If so, what is the guidance or rules that oversee this? Or, do these previous proxy votes collected stand valid.
Should we be voting by general proxies at annual meeting for board director positions, or should we be using secret ballot to conduct elections.
Thanks!
