The Proxy Request

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.