Real Estate Law
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Our bylaws don't speak to any type of proxy, either "general or limited." They say simply that "members may vote by a proxy which shall be in writing and shall be filed with the Secretary of the Association."
The proxy I obtained limits itself by saying "This right of proxy is granted only for the items listed above...."
I question that the Board can require members to use only their proxy; can we set up our own proxy forms, as long as they meet the requirements spelled out by the Board's lawyer? (And I don't think that even this meeting his requirements is valid, since I am just one of two members in the Association who have seen them)
I also question that the Board can limit the responsibility of the proxy carrier to exactly that, that of a carrier. I thought that the giver of the proxy could cede some or all responsibility to the carrier, allowing, for example, him or her to choose candidates for the board after hearing them speak as to how they would represent members if elected. If the proxy carrier is just that, what is the value of a proxy, and why not simply issue absentee ballots?
I am disturbed that the Board didn't publish the proxy for people to download (as their lawyer specified), and that they announced that proxies could be requested only six days before the meeting.
Your reply says that I must call the Board lawyer, and that if this path proves unsuccessful, that I must file a petition etc. We are just four days from the election, and my guess is that I could do little of what you suggest in that timeframe. These people boxed the members into the corner; I didn't. The way I see it, neither the other members nor I should have to put up with this kind of behavior. Do you have any other suggestions?
If I were to speak with the board's lawyer, where would I begin, and how could I articulate the issue? Without a lawyer, I'm sure he would try, and would succeed, because I don't think or speak legalese, to make mincemeat out of me. I have tried, unsuccessfully, to find a lawyer locally who could help with association issues, so would have no support.
Thank you. I had a really negative experience with the board attorney, so I may send him an email rather than get involved in a verbal joust. And I have texted a friend who just brought property in the Association to forward me the name of the real estate attorney who represented him, and who my friend speaks highly of.
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