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HOA Proxies Sent Out As the special meeting of the HOA approaches a battle is ensuing over the format of proxies being used for absentee votes. The HOA provided a proxy to all household which will allow them to vote on the matter and return the proxy to the HOA board. This proxy has drawn much criticism due to the fact that it contains the following statement at the bottom which gives Michael Long the ability to vote on issues on behalf of the person returning the proxy. "Further, the above Member(s) hereby appoints Mike Long (President of the Association) or, in his absence, the Board of Directors, to exercise my/our vote and cast a vote on any other matter that might be duly transacted at the meeting as Mike Long or the Board sees fit."
There is concern that this statement would allow Mike or the board to reelect themselves or their representatives if they were to be removed from office. We contacted Toni Griffin to better understand the issue and she stated that if Mike were to be removed from office that this section of the proxy would become "Null and Void". Many other people disagreed with this statement and on a local news group it was suggested that the best idea would be to fill out the proxy but to cross out the last paragraph. The Reserve Proxy There is also a second proxy which was distributed by Mark Brinkman who is President of the reserve HOA. This petition gives Mark the right to vote on your behalf. Mark makes it clear in the accompanying letter that he "will be voting to remove ALL board members". This is the proxy which has created a stir in the neighborhood. The HOA has stated that they will not be counting the proxies held by Mark Brinkman since they believe that the bylaws state that only board members can hold proxies for other. I again confirmed this stance with Toni Griffin and she confirmed that this was what they were told by the HOA attorney. In addition, Toni Griffin stated that the only proxy allowed by the bylaws was the proxy sent out by the HOA since the rules are different for a special meeting. We have also contacted Mark Brinkman and he has also spoken with an attorney and his attorney has told him that his proxies are legal and that they should hold up in court. This causes concern since many residents have returned their proxies to Mark Brinkman and the HOA is taking the stand that these proxies are not valid. Many residents have expressed concern since this could leave voters disenfranchised if their vote via proxy is thrown out by the board. Analysis of the Issue We have reviewed the bylaws and believe that the following section applies to proxies at special meetings: Section 5.4 Proxies. Votes may be cast by written proxy or by ballot. Written proxies may be submitted by United States mail or delivered to the office of the Association or delivered directly to the Secretary of the Association. A proxy vote shall be defined as a written vote submitted by a Member which either states the specific vote of the Member with respect to the issues, resolutions or election being voted on by the Members at the annual or special meeting or which is written permission for the Board of Directors or a specific Director to exercise the Member's vote(s) as the Board of Directors or the specific Director sees fit.
So this leaves us to untangle the question of what proxies are valid or not valid. The first thing that I notice is that there are NOT any differences between the rules for a special meeting or any other meeting and thus the same rules should be in play. It has been reported that in the past the HOA has accepted proxies other then those provided by the HOA board and this would seem to set a precedent. That said, there is nothing in this section that explicitly prevents a homeowner from giving a proxy to Mark Brinkman. It does state that the proxy either has to specify a specific vote or give rights to a "Director", but this language is somewhat vague as to who is a "Director" since there are multiple boards within Bridlewood. In addition, section 5.4 only states what is permitted as a proxy and not what is not permitted. What Happens Now? We at Bridlewood Gas Drilling have requested that the HOA send out a clarification to their stand on the proxies so that all the residents can be informed. Up to this point we do not think that there has been sufficient information provided to the community since the HOA see's the rules of this vote as being different from past votes. The HOA has agreed to do this and everyone should be receiving a correspondence before the meeting next Tuesday. In the meantime, we can suggest that if you return a proxy to Mark Brinkman that you also send him your executed proxy from the HOA in case he needs this to cast a vote on your behalf. If you don't want Mike Long to vote for you we also suggest that you can cross out the last paragraph so that your proxy can only be used to register your votes. If you are unable to attend the meeting and do not wish to return your ballot to either the HOA or to Mark Brinkman you can also contact Keith McLaren from this web site and he will be happy to turn in your proxy on Tuesday. Keith McLaren
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