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 (email@example.com) (firstname.lastname@example.org)
Cc: email@example.com; Gina M. Spellman
Subject: FW: Heatherlea – Revised Proxy
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:firstname.lastname@example.org]
Sent: Friday, July 26, 2013 8:52 AM
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.