California Board Avoiding Elections by Not Sending Out Proxy Forms

Question:

Need advice on several years of misconduct by the incumbent board who refuses to hold an election by abusing proxies to thwart lowering of the quorum per our bylaws. The solicitation of proxies were not distributed to the entire membership, instead a board member went door to door soliciting proxies to selected members to vote no on adjourning the meeting to another date and time to avoid lowering the quorum.

With this misconduct, the hoa has failed to hold an election for several years, and the incumbent board held over their terms that are only 1 year.

– Edward

 

Answer:

Hi Edward,

As per the Davis-Stirling Act, “Unless an association’s governing documents state otherwise, boards are not required to send proxies to the membership.” As such, you should check your governing documents to see if your HOA requires sending proxies to the membership. That being said, if you think your board is manipulating proxies and quorums to avoid holding elections, it may be worth consulting a lawyer to know what actions you can take.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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