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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117359
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We had an election in May members of the board who's terms

Customer Question

We had an election in May for two members of the board who's terms were up. They both were running for re-election. Their names were on the proxies along with blank lines for people who wanted to be considered. The night of the election, there were homeowners there that voted and 1 person who had several proxies . A couple of the signed proxies he had, had the names of the people they wanted to be re-elected and about 11 proxies had a check mark to show he was voting for two people that wanted to be considered. There were no names, just check marks on blank lines. My question is, is this legal? Our management company said that the blank proxies were voting for the two people who wanted to be considered. There was also a proxy with the members who were re-running, but the blank lines were checked and the management company counted it as the two who were be considered.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If no name was specified on the ballot, then the person who held the proxy could select who they were voting for, unless the proxies specified otherwise. If the lines next to the names of the incumbents were not checked and the other lines were checked, then those proxies do not go for the incumbents. They would by virtue of not being checked next to the incumbents, for the other parties. The attorney for the association is actually correct in this particular instance.

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