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Above is a scan of the Creek
Pointe Proxy Form (request) mailed with the General Membership
2008 Meeting Notice. At this general membership annual meeting, 2
Board members are elected every year for a term of 3 years as 6
Board members serve in total per the Covenants. Ideally, every
year, the longest tenure 2 Board members seats are to be elected.
This fact, along with the proxy factor and creative newsletters
or meeting minutes, allows entrenchment of Board members if they
desire. This is especially true since most lots at Creek Pointe
are vacant and most members have no clue as to what is really
going on. I live here and I don't know what business is being
transacted most of the time. Of course, over the years at the
Creek Pointe HOA, it has been common for Board members to resign
during the year and be replaced by the Board with no notice to
the membership. One cannot be certain who is on the Board at any
time.
It is interesting to note that a member can choose
either the Creek Pointe Board of Directors as their proxy choice
or another member. I found this out the hard way when the Board
refused my attorney to represent me at a meeting years ago. But I
ask, who is this first listed proxy choice, that is, who
exactly is this proxy person, this corporate actor/agent known as
the Creek Pointe Board? Quite confusing, as it is the new
Board members that the Creek Pointe HOA members select as their
first item of business! Do the Board members have a separate vote
amongst themselves on each item of business as to how this
virtual agent is to vote, repeating this “pre-vote”
time and time again as each new item of business is brought up
for a vote? Perhaps the directors vote amongst themselves at the
very beginning to choose this 'virtual agent' for all votes that
come before the membership? Would they then need to vote again
and choose a new agent once the new Board is elected? Very
confusing, indeed. And why would anyone choose a proxy at all?
After all, there was not an agenda listed for the meeting.
Someone's proxy agent may vote for painting all houses with pink
polka dots, not that that is a bad thing, but maybe in this one
instance, someone may not agree with their “proxy”
benefactor. It is just too bad for them I guess.
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