Challenging the Validity of the Revised Proxy Form

Not surprisingly, there are other attorneys who disagree with the interpretation of the statute our attorney has made (see below). Therefore, I will continue to challenge the use of the proxy form distributed by Property Management. This is based on input from those attorneys, my experiences with our Property Manager and our lawyer. I suggest the Board amend the Proxy to be more clearly in line with the Act.

 

What do you think? Do you trust them? Clearly, this unholy trinity – the Board, Property Management and their attorney are more interested in covering themselves and sabotaging the meeting and communications than having a legitimate election. Remember, if there is no election, this Board and their cohorts will continue as they have been forever! No quorum, no election, no motions…This group has distributed an invalid proxy form, for at least three years!!!!!

 

Sent: Friday, July 26, 2013 9:49 AM
To: Kim M. O’Halloran-Perez (kohalloran-perez@reesbroome.com) (kohalloran-perez@reesbroome.com)
Cc: heatherlea@kpamgmt.com; Gina M. Spellman
Subject: FW: Heatherlea – Revised Proxy

Ms. O’Halloran-Perez:

As mentioned in my e-mail to the Board, I challenge, and will continue to challenge, the validity of any proxy using the revised form.

 

From: Kim M. O’Halloran-Perez [mailto:kohalloran-perez@reesbroome.com]
Sent: Friday, July 26, 2013 8:52 AM
To: ‘igenlerkal@comcast.net’
Cc: ‘Gina Spellman’
Subject: Heatherlea – Revised Proxy

Ms. Kenney – as you know, this firm serves as legal counsel to the Heatherlea. The purpose of this email is to clarify that the revised proxy that has been distributed to all owners at the Heatherlea is valid under Virginia law and does comport with the terms and requirements of the Virginia Condominium Act. While the Condominium Act uses certain terminology regarding uninstructed proxies the Association is not bound to use those precise words as long as the import of what an uninstructed proxy can do is communicated in some form in the the proxy document. That is the case of the revised proxy for Heatherlea.

Further, the reference to the use of the proxy at any continuation of a meeting is also valid under Virginia law as the continuation of a meeting is not the same process or result as adjournment of a meeting.

For these reasons, the revised proxy form will be accepted for the July 30th annual meeting as long as the forms are completed in accord with the instructions on the proxy form.

Sincerely,

Kim O’Halloran-Perez

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3 thoughts on “Challenging the Validity of the Revised Proxy Form

  1. We’ve had problems on our board, as well, with her creative interpretations of the law. First she told the board, at an annual meeting at which we had met quorum, that the board could over-rule the homeowners’ vote and postpone the election. Then, according to some of our directors, she advised them that they should have homeowners post-date the new proxy form (for the day of the meeting, making it impossible to change their minds and submit a “more recent” proxy). Do any of you have any knowledge regarding the legality of these opinions? Thanks for any advice you can offer!

    • I am not an attorney. You need to reference the laws that regulate common interest communities in your state. In Virginia it is the Condo Act. You also need to review your governing documents. I would be very surprised if the laws and/or the governing documents allow your Board to “over-rule the homeowners’ vote and postpone” your annual election. I am not sure I understand what you are asking about proxies. Again, I would reference the applicable laws and your governing documents. Please also look at the links posted on this blog to help answer your questions. Good luck.

      • Thanks. To the best of my knowledge, as well, there is no law that allows the board to over-rule the homeowners (at an annual meeting at which quorum was met). There’s certainly nothing to that effect in our governing documents. And yet, they did.

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