My HOA recently sent out
secret ballots but took the position that members who returned ballots were
assigning a proxy to the board for any votes taken at the annual meeting.
I take exception to this action. I think a separate proxy signed by the
homeowner should be at the owner's request.
ballots are not proxies
but it’s possible your association used proxy
language on the outside of the ballot envelope. Many law firms and management
companies advocated this when the election law went into effect in 2006 because
the legislature failed to indicate whether ballots counted toward quorum. The
problem was subsequently resolved with clean-up legislation which counted
ballots toward quorum. (Civ. Code §5115 (b).
) As a result,
proxy language is no longer needed and should be removed from envelopes.
: Associations needing legal assistance can contact us
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