Out of State Voting Process

[Diane1774]

We live out of state and will not be able to attend the January 22nd meeting to vote on the dues increase. Is there a process where we can vote by proxy? If so, how can that be done? We will happily give permission to my brother and sister-in-law (property owners themselves) to vote on our behalf, but we want to ensure we're allowed to do so and that we follow protocol.

[TLMilligan]

A previous BOD changed the Bylaws to not allow Proxy voting. This was done in 2008, I believe.

[aparashis]

This is what is in the by-laws: So while proxy votes have been eliminated it was replaced with absentee ballots, so assuming that the ballots will come in the mail when along with the notice of the meeting.

SECTION 2: VOTING RIGHTS
A. The Association shall have one class of voting members.
B. Voting members shall be all “those members who hold the ownership required for
membership in Article 1, Section 1a above except, however, when more than one individual
or family unit holds such interest in any original lot, only one such individual or family unit
shall be a member.” The vote for such lot shall be exercised as the owners themselves
determine. In no event shall more than one vote be cast with respect to any such original
lot.
C. (Amendment 09/04/1976): Members whose assessments are in arrears shall not be
permitted to vote or to assign their proxy to another member.
SECTION 3: PROXY VOTES
A. Proxy votes shall be permitted at any regular or special meeting of the membership and the
members present, in person, at any duly-called meeting, whether regular or special, of said
membership shall constitute a quorum for the purpose of electing directors and transaction
of such other business as may come before said meeting. In addition, the members
represented in person at any duly-called regular or special meeting shall likewise have the
authority to and shall constitute a quorum for amending the By-Laws, provided, however,
that any such proposed amendment shall have first been approved by the Board of
Directors and notice of any such pending amendment shall have been given to the
members.
B. The members present, in person, at any duly-called meeting of the membership, whether
special or regular, shall constitute a quorum for the purpose of amending the Articles of
By-Laws 1973: (Amendments 1976, 1977, 1978, 1981, 1982, 1990, 2005, 2008) (Digitized 2021) Page 1
Incorporation, provided, however, that such proposed amendment shall first have been
approved by the Board of Directors; recommended to the members, and notice as provided
by law shall have been given the membership not less than twenty five(25) days nor more
than fifty (50) days next preceding such meeting.
C. (AMENDMENT 10/13/1990): Proxy votes will be eliminated and replaced with absentee
ballots. All absentee ballots will be returned to the Association Office and not opened until
the counting of the ballots on the day of the Annual Meeting.

[aparashis]

I have re-read the by-laws and it does say that proxy voting is allowed when a meeting is called for: change in basis and maximum of annual assessment - Section 7.A.2

SECTION 7: ASSESSMENT MEETINGS
A. In the event that the purpose of a special meeting or regular scheduled meeting is to
consider increasing the annual assessments as provided for in Article V of the Declaration of
Protective Covenants and Agreements of River Ridge Golf and Camping Club made June 1,
1972, and recorded in Deed Book 220, Pages 609-630 in the Office of the Clerk of the Circuit
Court of Mecklenburg County, Virginia, or for levying a special assessment for capital
improvements of the Association's property provided for in said Article, the provisions
relating to meeting, notice of meetings, quorum and vote for Association action shall be as
follows:
1) Special Assessment for Capital Improvements: At such times as the Association has
become fully operational and title to all common facilities or common properties,
including, but not limited to those properties set forth in Section 4 next preceding,
have been delivered to the Association by the Developer, the Association shall have
all such powers and authorities as are delegated or reserved to the Developer in said
Section 4 or as may be otherwise contained herein, subject, however, that any such
special assessment shall have the affirmative of two thirds (2/3) of the votes of all
voting members who are voting in person or by proxy at a meeting duly-called for
this purpose, written notice of which shall be sent to all members at least ten (10)
days in advance and shall set forth the purpose of the meeting.
2) Change in Basis and Maximum of Annual Assessments: At such time as the title to
the common properties, including, but not limited to the common facilities referred
to in Section 4 above or otherwise set forth herein shall have been conveyed to the
Association and at such time as the Association shall have become fully activated,
the Association may change the maximum and basis of the assessments fixed by
Section 3 hereof, respectively, for any such period provided that any such changes
shall have the assent of two thirds (2/3) of the voting members who are voting in
person or by proxy at a meeting duly-called for this purpose, written notice of which
shall be sent to all members at least ten (10) days in advance and shall set forth the
purpose of the meeting, except, however, that the Association shall not have the
right to reduce the amount of any original or subsequent assessment if the same is
shown to be reasonably necessary incident to the installation, maintenance or
By-Laws 1973: (Amendments 1976, 1977, 1978, 1981, 1982, 1990, 2005, 2008) (Digitized 2021) Page 3
improvement of the water, sewer, sanitary, bath house or electrical facilities upon
said premise.
3) Quorum for any Action Authorized under 1 and 2: The quorum required for any
action authorized by 1 and 2 shall be as follows: At the first meeting called, as
provided in Section 1 and 2 hereof, the presence at the meeting of members or of
proxies, entitled to cast thirty per cent (30%) of all the votes of the membership shall
constitute a quorum. If the required quorum is not forthcoming at any meeting,
another meeting may be called, subject to notice requirement set forth in Sections 1
and 2 and the required quorum at any such subsequent meeting shall be one half
(1/2) of the required quorum at the preceding meeting, provided that no such
subsequent meeting shall be held more than sixty (60) days following the preceding
meeting.

[TLMilligan]

The Proxy votes were eliminated by a different BOD. The absentee ballots are referring to election of Officers.

[George Powell]

Read your Covenants override Bi- Laws ,Read
the section on raising of Annual Assessments ,Remember it was the Covenants that Allowed Special Assessments to be placed on us for Capital Improvements!It Spells Out Exactly What Has To Be Done and How It Has To Be Done ,The Board Will Not Get Away With Circumventing The Rules This Time !! George Powell

[TLMilligan]

The Boardnia not circumventing any rules. The Board is doing exactly what the advice of the Lawyer is saying to do. Why not consider all things that are being discussed and then vote? All this talking about things that aren’t the way it is helps no one.

[Diane1774]

Terry - Just so I understand, what you’re saying is in order for my husband and I to vote on the dues increase, one of us has to attend the meeting in person on January 22nd?

[TLMilligan]

This is an in person vote per the Covenants. I will see if there is anything else that can be done but with it being an in person vote I’ll have to dig deeper.

[George Powell]

All Members Need To Read What It Takes To  Make This Legal All Sections Must Be Met ,Stop Picking Out The Parts That Satisfy The Board ,Look Up The Very Next Section Explaining What It Takes To Form A Quorum !! George Powell

[George Powell]

Anyone Needing Someone To Vote Proxy For Them Let Me Know !! George Powell

[Diane1774]

Thank you Terry - please let me know what you learn. This is an important issue that I (among others who live out of state and have closed our places for the winter) definitely want to be a part of. Would the board be open to utilizing Zoom for the meeting? This way everyone would have the opportunity to attend the meeting, either in person or virtually, ask questions / hear answers for themselves, and cast their vote.

[aparashis]

Glad you are looking at ways for people to vote that cannot be present. You mentioned that a different BOD changed the by-laws can those be posted so we can see exactly what has been changed? The sections that I pasted into the thread above came from the current covenants and by-laws documents found in the library of documents on this site so not sure why they are not the most recent ones but would appreciate it if you could make sure that the accurate documents are posted. Thanks

[TLMilligan]

The current Bylaws are posted on Grapevinenow. The changes and the dates for such are listed within the document.

[George Powell]

You need to check State Of Virginia Laws ,Covenants Trump Bi Laws ,Stop Trying To Buffalo The People Of R.R. ! You are not the only ones with an Attorney to give Advice ! Remember this is the Same Board That Tried To Railroad A Park Manager Into A Water Bill ! George Powell

[TLMilligan]

I’m stating what the Attorney has told me. I’m not arguing over this I’m trying to do what’s right for everyone.

[DarleneQ]

That clip seems shady ! what you are conveying is that like it or not the dues can be raised with only 30 % or less votes per our covenants . How does that protect the PO's. i agree we need improvements which requires more $. There just seems it should be a way to ease into this vs all at once!
Thank you Terry and George for this info!

[TLMilligan]

We are doing nothing shady! Come out vote and then we’ll see how the vote comes out.

[Diane1774]

Terry - I’d love to be able to come to the meeting, hear the information for myself, ask my own questions and then cast a vote, but like so many others out of state, I can’t attend in person. This is an important issue and I’d love to come come up with a solution that’s fair for everyone so we can move forward getting RR to where it needs to be. Can we use Zoom like I mentioned?

[Lowelh]

Okay, I’ve just become even more confused on the voting process. Are we to ‘drop in’ any time during the voting ‘window’ and cast a vote, or is this a meeting with a single vote at the end of it. Either way, is this set up so that all 1000+ property owners would be able to attend cast a vote, if so is there space for everyone to attend or enough time to process that many voters? Or is it assumed or even designed so that the vast majority of owners won’t be voting?

[TLMilligan]

You will come by, register, and vote. Every Property Owner has a vote for each property they own. One vote per lot. It is not designed as anything other than a vote.

[TLMilligan]

Sorry I missed a question, no it is not a meeting it is a vote. We had two meetings with Property Owners, the Vision 2027 committee submitted their plan for the future. It can be seen on Grapevinenow and/or Facebook. It shows where some of the dues would go.

[Lowelh]

Obviously (to me at least, I’m sure others might not agree and I understand that) mail in ballots seem like a fair solution to letting everyone have the opportunity to vote. Failing that, could the window for in person voting be extended? I have a morning commitment, but might be willing to drive the 2.5 hours if I could vote in the mid to late afternoon. Yes, I know this is not a fair solution for everyone, but it might give a small handful of us the opportunity to participate.

[George Powell]

Terry ,Today You Asked Me Where I Got My Bi - Laws ,Well I Checked Exactly Where You Said Above To Look ,They State The Same As The Covenants ,Maybe You Should Try Understanding The process Before You Try To Be The One In Charge ,This Is The Biggest Shame Of A Vote And If Any Board Member Not Adhereing To The Covenants Should Resign From The Board Of Directors Immediately ??

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