Association Directors Retain Office After Members Cast Disputed Proxy Votes
Court refuses to grant equitable relief to member seeking to remove board in fight with invalid proxies
A member of a Pennsylvania homeowners’ association who engaged in a proxy fight for control of the association’s board when proxy votes were not permitted under state law has lost his fight for control, even though the vote of the members present at a special meeting, when tallied without counting the proxy votes, would have been sufficient to remove the board. An appellate court in Pennsylvania has affirmed a trial court decision that the election was a nullity. ( Barcia v. Fenlon , PA Commonwealth Ct., No. 2352 C.D. 2010, 2/2/12.)
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