Spectrum Association Management Quorum on met, Proxy rules not followed, Candidates wife counted votes San Antonio, Texas
Estonia HOA had a board of Directors election on Oct. 19, 2016. Spectrun is the management company we pay to manage the community.
The meeting start time was 7:00, but because we did not have a quorom at that time we had to wait until a candidate went out and brought in a Homeowner's proxy. The meeting started at 7:40. The community manager had been told to call the meeting at 7:15 if there was no quorom. The meeting should have never happen.
The proxies all stated that they were to be mailed, faxed, or emailed to Spectrum. But Spectrum replied that it was OK for candidates and Homeowner to bring in proxies. Spectrum did not even follow their own rules printed on the proxies. Proxies brought to the meeting are unreliable and should have been discarded. (Almost half the votes were proxies brought to the meeting)
Next a Candidate's wife was allowed to count votes. Spectrum replied that it was OK no harm done, because she was asked to count votes by accident and she signed that she would not tell anyone the vote count. But her husband got the most votes.
State of Texas, Property Tax Code, Sec. 209.00594 Tabulation of and Access to Ballots."..a person who is a candidate in a property owners' association election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote.."
Spectrum answer to me has been, "We will learn from this for the Future", they are unwill to fix a meeting which was illegal and from a legal standpoint did not occur. The results of the vote irrelevant. They are void. When something is void, it never happened - like a void check.
Spectrum breached its contract with Estonia HOA because it failed to comply with the Law. Spectrum's Management Contract with Estonia says, Page 3, 2.2 Compliance with Applicable Laws & Regulation, Manage Agent shall comply will all federal, state, county or municipal requirements as applicable.
Spectrum has told me they have no intention to remendy the situation that it created, has no intention to call another meeting and vote, which would be held according to law.