Post by Admin on Mar 2, 2014 6:30:50 GMT -5
(8) PROXY VOTING.—The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy.
(a) To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.
Editor's Note: A proxy is just a "substitute" agent acting for another. These provisions are the same as SLohA's docs except on revocation which, by statute is very broad and in SLohA docs is restricted to "death and incompetence" . In other respects, the Statute defers to the governing documents.
SLohA: The proxy only permits a Member to be counted toward a quorum or, if the proxy is submitted along with a ballot the day before the meeting--it is a valid ballot. A ballot cannot be submitted AT the Annual Meeting. The proxy holder must be present at the meeting and can only vote on items of business that are not on the ballot. SLohA's documents authorize an Annual Meeting on the 3rd Sat in February.
Proxy ballot is an area that is easy to manipulate by non-Election committee persons. Proxies (yellow cards) that are returned by non-residents invite the later anonymous submission of a desirable ballot by "anyone". Since voting is secret, the Maker of a ballot cannot be identified.
SLohA does not conduct elections and the Annual Member Meeting in accordance with our Bylaws.
(b) If the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors, such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the association in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope sH all be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel sH all be disqualified. Any vote by ballot received after the closing of the balloting may not be considered.
Editors Note: This is the "two envelope system" that the law permits IF the governing documents permit. SLohA does not have this provision in its Bylaws, and voting in this manner is unlawful. SLohA provides ONLY for voting IN PERSON--AT the meeting--where the election of directors is held.
Rulebook Committee needs to pay attention to the Bylaws, which need amending and correcting in many areas. The BOD should conduct SLohA business lawfully--even though it might be inconvenient.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.
(a) To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.
Editor's Note: A proxy is just a "substitute" agent acting for another. These provisions are the same as SLohA's docs except on revocation which, by statute is very broad and in SLohA docs is restricted to "death and incompetence" . In other respects, the Statute defers to the governing documents.
SLohA: The proxy only permits a Member to be counted toward a quorum or, if the proxy is submitted along with a ballot the day before the meeting--it is a valid ballot. A ballot cannot be submitted AT the Annual Meeting. The proxy holder must be present at the meeting and can only vote on items of business that are not on the ballot. SLohA's documents authorize an Annual Meeting on the 3rd Sat in February.
Proxy ballot is an area that is easy to manipulate by non-Election committee persons. Proxies (yellow cards) that are returned by non-residents invite the later anonymous submission of a desirable ballot by "anyone". Since voting is secret, the Maker of a ballot cannot be identified.
SLohA does not conduct elections and the Annual Member Meeting in accordance with our Bylaws.
(b) If the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors, such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the association in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope sH all be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel sH all be disqualified. Any vote by ballot received after the closing of the balloting may not be considered.
Editors Note: This is the "two envelope system" that the law permits IF the governing documents permit. SLohA does not have this provision in its Bylaws, and voting in this manner is unlawful. SLohA provides ONLY for voting IN PERSON--AT the meeting--where the election of directors is held.
Rulebook Committee needs to pay attention to the Bylaws, which need amending and correcting in many areas. The BOD should conduct SLohA business lawfully--even though it might be inconvenient.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.