We know lots of board members and some of the management team follow this site. We also know for a fact there was a date set aside on the calendar for the annual meeting that was cancelled this past winter during the pandemic. The date was October 18 at 6 pm at the Sun Dial auditorium. Now there is considerable speculation it won't happen. Nope, don't know for sure, but the rumors are flying. Rather than dealing in rumors, perhaps one of the board members in the know would like to fill in the members and readers of this site to clear up the confusion. Looking forward to hearing your answers. Thanks in advance.
I'm stunned, no one has logged in from the RCSC to tell us about the upcoming annual membership meeting. Is it on or is it off? Probably just busy with other really important stuff eh? BTW, FYI, hearing rumors the proxy votes are no more. You might want to check the documents or the state statutes. Wouldn't surprise me one bit if they got rid of those too.
I spent some time doing some light reading within the corporate documents and the RCSC bylaws. Nowhere is it stated there shall be no proxies, no does it state anywhere a proxy process is negated by any rules established by the RCSC. Per Arizona Revised Statutes, Article 10, section section 3724, " START_STATUTE10-3724. Proxies A. A member may vote the member's votes in person or by proxy. B. Unless the articles of incorporation or bylaws prohibit or limit proxy voting, a member may appoint a proxy to vote or otherwise act for the member by signing an appointment form, either personally or by the member's attorney‑in‑fact. Unless there has been another secret meeting of the board to amend or otherwise add a specific clause that disallows proxies, there is nothing within the written documentation that does not prohibit proxies. As a matter of fact, if one reads the section about the annul meeting, it states " SECTION 3: MEMBERSHIP QUORUM A quorum for any Membership meeting shall consist of not less than one thousand two hundred fifty (1,250) Members in good standing. If, however, such quorum shall not be present or represented at any meeting of the Members, the Members entitled to vote at such meeting shall have the power to adjourn the meeting without notice other than announcement at the meeting." It would appear to this reader that proxies were covered by this mention of "represented" at the meeting So, I am not finding anything that would prohibit proxies. I also believe the word "represented" would indicate, in a court of law, that proxies are an acceptable method of voting. Per the restated articles of Incorporation, dated November 2003, the following was adopted and is included language within the articles. Article XIII The Members of the Corporation shall be provided with the opportunity to vote by proxy in: a. Amending the Articles of Incorporation b. Members amending the Bylaws of the Corporation c. The election of Directors* d. Any other matter requiring an act of the members *If the Bylaws provide for voting by mail in the election of Directors, the above-stated Proxy vote will not apply to the election of Directors." " The only time a proxy vote will not apply is during an election of Directors, per the articles themselves.
From the RCSC website FAQ's: What’s the history with the membership quorum? The previous membership quorum of 100 was less than one-half of a percent (.3%) of the total membership and left RCSC and its Members at risk of being controlled by a small minority. Someone with 100 proxies could have made changes with numerous unintended consequences that could have done a great deal of harm to RCSC and Sun City AZ homeowners. Following the advice of RCSC’s legal counsel, the RCSC Board of Directors (Board) eliminated this provision thereby causing RCSC to be subject to the default provisions of the Arizona Revised Statutes Title 10 which set a nonprofit corporation’s quorum at “one-tenth of the votes entitled to be cast.” Then the Board formed an Ad-Hoc Committee with the membership at large to propose a more reasonable number. This Ad-Hoc Committee met on several occasions and in the end made a recommendation to the Board who adopted a 1,250 membership quorum on May 27, 2010, which includes proxies. This number is believed to be reasonable and attainable because it has been easily reached by Members present (with no proxies) at meetings regarding utility rate cases as well as other meetings and history has shown that one RCSC Member has voted in excess of 800 proxies at a prior membership meeting. I agree with CMartinez, everything I'm seeing or have been reading ALLOWS for proxy votes and I have posted the exact same information on "The bastards did it thread!" If the RCSC suddenly eliminated proxy votes prior to the annual membership meeting that would surely be the straw that breaks the camel's back. Has anybody simply called the corporate office and asked when the annual general membership meeting will be held for 2021. And YES, the bylaws require that there SHALL be an annual meeting of the membership!
Thanks gang for the quick work. I know i have read this before but there is some speculation the RCSC had changed that along the way. Apparently not.
