In my opinion, Illegal...
Do not name me as a proxy. I can't guarantee that I will be present. I don't want your vote wasted.
To vote or not vote and how you vote is your business. In my opinion the vote to add to the Articles of Incorporation is not following the legal requirements. It is stated that this kind of vote will follow the same procedures as followed in the voting at the Annual Meeting. This is not being done. The required procedure of our voting going to an independent designated elections chairperson (DECC) is not being followed. The voting on this electronic voting should be a Bylaws vote. I favor electronic voting, but we must follow the rules.
Every member is entitled to one (1) vote only. It does not matter if your a Director or a regular member, you get one vote and that can not be given to someone else. The proxy mailed to you states at the start...(You may instruct the person to vote as you designate, (True) or you may leave it to his/her discretion) (not true) To do so, gives them more than the one vote they are allowed.
On the two (2) voting items, it states (if neither is marked, my proxy may vote as he/she determines. Here again this gives a member or Director more than one vote. If you don't vote for or against, they can vote as they wish. Pure and simple BS. You have the right to not vote.
The proxy is designed so that your vote can be counted just as if your present. Your proxy counts you as present to meet the requirements of a quorum, nothing more. Read what it says below about one vote.
Articles of Incorporation ...Article III
The interest of each incorporator or member shall be equal to that of any other and no incorporator or member can acquire any interest which will entitle him to any greater voice, vote, authority or interest in the corporation than any other member.
17 comments:
This is BS! Proxy voting is illegal. Let’s push on for electronic voting!
I definitely see George's point, but it is my understanding that in most respects our proxy procedures are the same as used in most corporations.
I agree that electronic voting has great promise. The problem is, without an unbiased Tech Comm. in place to set-up and monitor this, the BOT and Business Office would surely be put in the position of setting up something they oppose. Mr. Williams insisted that the Tech Comm. be dissolved in retribution for Deb Blagg's efforts to oust him.
A Tech Comm. would need to be reinstated for this to have an honest chance of being successful. Deb knew this, and worked hard to put it together.
I've heard different things about the approval requirements for changing the Bylaws, which is interesting. Both the Articles AND the Bylaws state only that changes can be approved at any regular OR Special Meeting where a quorum is present in body or by proxy, and that "a majority" can approve of such changes.
There will need to be at least 203 members "present" at the Nov. 17 Meeting, and a majority is 102. Don't know where these other errant numbers and complicated procedures were dug-up, but this appears quite straight forward. Most HOA's bylaws are the same, allowing for minor adjustments such as Board size over time.
Take a look at the atrocious increase in business office budget. Rein those fools in! That’s absolutely ridiculous and must be voted against! VOTE NO ON NEW BUDGET!!!
I thought they changed the vote to the article because it requires only a 2/3 vote instead of 51%- what am I missing?
2/3 of what ? 2/3 is analogous to 67%.
These fools have no idea what they are doing. If the electronic vote gets voted down, they will say nothing. If it gets a majority approval, they will say it's not valid. These are crooks.
Perfect definition: CROOKS OF SURFSIDE
State RCW's govern the 50% + 1 vote for budgets. Look it up. It is not ambiguous at all (like SHOA directed rules).
Check out the Surf Side Facebook page on the comments about the proxy, interesting.
I’m unable to navigate that Facebook page.
I don't have faceplant
9:38 - What is being questioned is the validity of the HOA requiring a vote on the Articles when there is no reason to do so. Voting issues are essentially a Bylaws matter, and they mirror the statement in the Articles which states that: "the Bylaws can be changed at any regular or Special meeting where a quorum is present, and notice of a vote has been properly sent."
As you have stated, a simple majority is enough to approve a change in the Bylaws (51% of members/proxies present).
This is not an Articles matter and has nothing to do with a 2/3 requirement. This needs to be addressed before this meeting proceeds. The mailer DOES NOT state the proper information, nor does it state the proper measure that is to be voted on. Way to go BOT !
3:05,
You have it exactly right. You have stated it better than I could. The question I have in my mind is...Was this done intentionally in order to make the vote invalid? Or, am I giving them more credit than they deserve. Perhaps they are just ignorant as to the application of the Articles and Bylaws? The Articles are deliberately made difficult to change at a whim of a few. Notice the wording difference in the two governing documents. One refers to the total membership and the other, vote of those present at meeting requiring quorum of all members present and by proxy. It is much more simple to change the Bylaws. These trustees do not have my trust because of their past actions and ignorance.
You can bet Williams, the rest of the Board and Olds will have everyone they can there to vote no in electronic voting. We need to attend and out vote them!
OK. I've grown accustom to the Williams and board hate, but why now include Olds?. He was on the Tech Committee and if memory serves me right from their minutes he did give up some of his time doing things for them besides just showing up for meetings.
Please explain.
Board members vote their proxies the day of the vote, so it makes no sense that owners with friend's proxies cannot submit their proxies the same day. It's just another excuse to keep the voting body small, and throw out some votes.
The same form can serve as a ballot or a proxy - just mark which it is before submitting it. Electronic voting would eliminate many if not most proxies, and eliminate this annual effort to pad the "Executive" Board member's choices.
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