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If an executive HOA Board states a quorum of 81 how is it…

Customer Question
If an executive HOA...

If an executive HOA Board states a quorum of 81 how is it possible they could have over 100 votes. Also is it legal after submitting your vote, voting begins to take a proxy back to an owner to ask them if they wish to vote for someone else due to their candidate dropping out? A bunch of red flags

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Pennsyvania

Lawyer's Assistant: Has any paperwork been filed?

Board meeting was held. Quorum was established. Votes were taken. They announced a winner. Board meeting adjourned.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is it unethical/conflict of interest for a board member to seek out a resident/campiagn for, and proxy for that candidate if they by the by laws appoint who counts the votes. Just seems scetchy. When the Residents found out the board member resigned and candidate withdrew. Then a new opponent appear on write in ballet and set a record of votes! Received all the proxys in the candidate that dropped out

Submitted: 5 months ago.Category: Real Estate Law
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Customer reply replied 5 months ago
The President and Vice President of the HOA were actively campaigning to remove a sitting board member. They were soliciting residents through Facebook and door to door with what appeared promoting one self interest canidiate
Customer reply replied 5 months ago
During the counting there were addresses missing and incomplete proxies that were counted.A stack of proxies were taken to two residents after the voting started and they were asked if they wanted to change their votes as they elected to vote for the candidate that dropped out.We were told in these cases that if we received those proxies, they would only count towards meeting our quorum and not towards the vote.
Answered in 22 minutes by:
11/11/2017
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,274
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 5 months ago

Your Questions:

If an executive HOA Board states a quorum of 81 how is it possible they could have over 100 votes.

Response 1: A quorum is just minimum number of people required to be present in order for a transaction to proceed legally. It does not mean that there cannot be more than that number of people present for that transaction.

Also is it legal after submitting your vote, voting begins to take a proxy back to an owner to ask them if they wish to vote for someone else due to their candidate dropping out? A bunch of red flags.

Response 2: No, it is not legal. If votes are changed because of these shenanigans, then you can contest the election.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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