Amending Bylaws by Proxy ???

[Alison2]

state - Hawaii

Our Condo is having it's annual meeting in 2 weeks. The Board has proposed two Bylaw Amendments. Proxies have normally been sent to owners for electing officers. We we have not had a Bylaw amendment for years.

Our Bylaws on ... amending them .. Quote...
"The proposed bylaws, rationale, and ballots for voting on any proposed bylaw shall be mailed by the board of directors to the owners at the expense of the association for vote or written consent without change within 30 days of the receipt of the petition. ...... The vote or written consent required to adopt the proposed bylaw shall not be less than sixty-five per cent of all owners"

Does that not specifically state Ballots should be used not proxies?
The Board says Proxies are right, I say a ballot is right. Ballots have the amendment right on them with a Y/N box. Very clear. A Proxy means someone else votes your vote for you. You can TELL them to vote y/n but there is NO guarantee. Owners live out-of-state and if they don't know someone who will be there... most owners check "Designate the Board will vote on your behalf".

One of the amendments gives the board unlimited power to name their own 'infractions of the rules' and to name the amount and time to pay a fine, starting at $250! Yep! It does not say a fine for "what", just an infraction. I asked for an example and they would NOT SAY!

What can I do?.... I sure prefer to not hire a lawyer? They should follow the Bylaws. The Association's attorney - on the gravy train - backs whatever they say legal or not.

[colourfastt]

Originally Posted by Alison2

state - Hawaii

Our Condo is having it's annual meeting in 2 weeks. The Board has proposed two Bylaw Amendments. Proxies have normally been sent to owners for electing officers. We we have not had a Bylaw amendment for years.

Our Bylaws on ... amending them .. Quote...
"The proposed bylaws, rationale, and ballots for voting on any proposed bylaw shall be mailed by the board of directors to the owners at the expense of the association for vote or written consent without change within 30 days of the receipt of the petition. ...... The vote or written consent required to adopt the proposed bylaw shall not be less than sixty-five per cent of all owners"

Does that not specifically state Ballots should be used not proxies?
The Board says Proxies are right, I say a ballot is right. Ballots have the amendment right on them with a Y/N box. Very clear. A Proxy means someone else votes your vote for you. You can TELL them to vote y/n but there is NO guarantee. Owners live out-of-state and if they don't know someone who will be there... most owners check "Designate the Board will vote on your behalf".

One of the amendments gives the board unlimited power to name their own 'infractions of the rules' and to name the amount and time to pay a fine, starting at $250! Yep! It does not say a fine for "what", just an infraction. I asked for an example and they would NOT SAY!

What can I do?.... I sure prefer to not hire a lawyer? They should follow the Bylaws. The Association's attorney - on the gravy train - backs whatever they say legal or not.

A proxy is a statement that a specified person can vote in your stead ... note the operative word: VOTE. So from what you've posted a proxy is valid for casting votes of homeowners.

[HomeGuru]

I agree and if you need further documentation, request a legal opinion from the Board. They would need to then employ the services of the HOA attorney.

[Alison2]

Absolutely a Proxy is a proper Vote. That is not in question! A Ballot is also a proper Vote. They are different methods of legally voting. The Bylaws name one of these. They do not state not vote on amendments -"using any method of legal voting". They say by BALLOT. I am unsure if the Board can then chose Proxies.

The differences in the two methods is not their legality, but the different methods they each apply to accomplish their vote.
Our only PROXY is a 'general' one and has not one word on amendments. Amendment information is on several, unstapled, separate papers.

Not that anyone has a fast-paced lifestyle, but if they do it is extremely easy to separate those and lose awareness of, or understanding of the huge consequences of these two Amendments! Making things less clear! Since this is normally a vacation rental for our owners many check the box on the Proxy, "the Board will vote in my behalf." (same Board that wrote these two amendments giving them very strong powers.)

The Ballot states the exact wording of the amendment and most read it before marking Y/N. Also states the names of Board Candidates. No questions, no one else chooses. It is direct and clear. Proxies, in comparison are similar to 'blind' voting. They can be worked with, but not easily.

Is it legal for the Board to chose a more questionable method ? Don't they have to follow the wording, the exact designation of the Bylaws?

[Alison2]

Unfortunately, it the HOA attorney is a proven mouthpiece, on a gravy train!
Not unbiased.

Isn't the Board obligated to comply with the document's wording ... "Ballot" vote at an Owner's request? Thought that was their duty. They can not interpret the Bylaws any way they wish!

[HomeGuru]

Originally Posted by Alison2

Unfortunately, it the HOA attorney is a proven mouthpiece, on a gravy train!
Not unbiased.

Isn't the Board obligated to comply with the document's wording ... "Ballot" vote at an Owner's request? Thought that was their duty. They can not interpret the Bylaws any way they wish!

**A: ok, good luck then.

[Alison2]

I apologize for the harshness of my description of the HOA attorney, but sadly I know - first hand - it is 100% true.

Would it be valid if I paid an attorney for a legal interpretation?
Or is that not a valued opinion?
What do you think???

In a small attempt to help clear this up, I just now emailed a request to the board, asking them to put this matter on their next meeting agenda, to discuss openly with owners present, which is in two weeks.
But I guess they do have the option to not put it on 'this' agenda, delaying it for ages.

I would be very glad to have any other suggestions.
I really appreciate any ideas that could possibly help!
Please!!

[HomeGuru]

Originally Posted by Alison2

I apologize for the harshness of my description of the HOA attorney, but sadly I know - first hand - it is 100% true.

Would it be valid if I paid an attorney for a legal interpretation?
Or is that not a valued opinion?
What do you think???

In a small attempt to help clear this up, I just now emailed a request to the board, asking them to put this matter on their next meeting agenda, to discuss openly with owners present, which is in two weeks.
But I guess they do have the option to not put it on 'this' agenda, delaying it for ages.

I would be very glad to have any other suggestions.
I really appreciate any ideas that could possibly help!
Please!!

**A: why should you pay for the legal opinion. It is the HOA that should pay.
By the way, I have seen combined proxy ballots used.