Annual Meeting Election FAQ

Annual Meeting Registration
September 11, 2020
October Board Meeting Online
October 1, 2020

Annual Meeting Election FAQ

Annual Meeting & Election FAQ

The Association has compiled the following FAQ list to address owner questions regarding the Annual Meeting and election of Directors.

Given the continued concerns regarding COVID and in an effort to protect the health and safety of the owners, board members, and staff, we are asking that you watch the meeting from your home. For those of you that plan on attending, please keep in mind you must wear a mask and practicing social distancing. In order to help plan for the meeting, we are asking that your RSVP so we can plan accordingly and set-up the room to maximize social distancing.

Frequently Asked Questions

Who gets to vote for the directors?
Each residential lot and multi-family unit property is entitled to one vote per vacancy.

If my husband and I own our property together, do we both get to vote?
No, each property gets only one vote.

What if I own multi properties in the community? 
Each property is entitled to one vote/ballot.  If you own two properties, you will receive two ballots. If you own three properties, you will receive three ballots.

Do I need to submit a proxy for each property I own?
Yes, please submit one proxy per property.

What if I already submitted my proxy but have changed my mind?
You can submit a new proxy to override the previous one, you can withdraw your proxy, or you can rescind your proxy in-person at the meeting. All proxies must be submitted to the Association by 5pm on October 2, 2020.

What if I turned my proxy in to someone other than the PDPOA?
If you have given your proxy to someone else, they must turn your proxy in to the PDPOA office by 5pm on Friday, October 2. Any proxies received after such time will not be valid.

How many proxies do we need for the quorum?
The Association requires a quorum of 15% to hold the Annual Meeting.

What if I submit my proxy and then decide to attend the meeting in-person?
Please go ahead and submit your proxy so the Association can reach quorum. If you decide to attend in-person, you can rescind your proxy before the meeting starts and vote in-person at the meeting.

When and where is the Annual Meeting?
The 2020 Annual Meeting will be held on Saturday, October 17, 2020, at 9am at the Omni Resort, located at 23 Ocean Lane.  Please click here to RSVP if you plan to attend in-person so we can plan accordingly.

How does my proxy holder get to vote?
If you designated a proxy holder, that individual will receive your property’s ballot at the meeting. He/she will cast your vote.

If one person has 20 proxies, do they have to vote for the same candidates on each ballot?
No. The proxy holder will receive one ballot per designated property and can complete each ballot as they choose.

How many total votes are there in the community?
2,172 property owners plus 161 Greenwood votes for a total of 2,333 votes.

Why does Greenwood get 161 votes?
Per the bylaws, Greenwood is designated as a special member of the Association and is entitled to vote. A base assessment for each of Greenwood’s properties was established as part of the Transition documents which are recorded at the County.  The documents outline the transition from Developer control to the Association effective 1/1/2006.  Their number of votes are determined by dividing the Total Assessments Greenwood paid for that year by the Residential Assessment.  For 2020 the calculation is: $290,380/$1,800 = 161. See bylaws Article X, Section 1.

Is the meeting going to be streamed? 
Yes.  Although we plan to stream the meeting, owners cannot participate in the meeting or vote electronically.  Topics that require owner voting can only be done via proxy card or in person at the meeting.

How will the Annual Meeting be held in-person safely?
In an effort to protect the health and safety of our property owners, board members, and staff we will be implementing social distancing guidelines and mask requirements at the meeting. We are asking that you submit a proxy card for the purposes of conducting the meeting with the safety and health of the membership and staff as our primary concern. We are also requesting that you RSVP if you plan to attend in-person so we can plan accordingly.

Is there an agenda for the meeting?
Yes-please click here. The agenda will be strictly followed. No new topics can be introduced for board discussion or vote.

Can a nomination from the floor be made for another candidate?
No. There cannot be any additional candidates. According to our bylaws, any candidate, whether nominated or petitioned, must be delivered to the Secretary 90 days before the meeting.

How will be we able to vote at the meeting?
There will be one physical paper ballot per PDPOA property. If you attend in-person, you will be given your paper ballot (one per property you own) to complete by voting for the candidates, as well as voting for or against the proposed bylaw amendment. If you submitted your proxy, the person you designated as your proxy will receive your paper ballot to cast your vote for Directors, as well as voting for or against the proposed bylaw amendment.

Do I have to vote for three candidates at the Annual Meeting?
No.  You are not required to vote for any candidate, but you may vote for up to three. Any vote you do not cast will be lost. If you vote for only one candidate, your remaining two votes will not be counted.  If you vote for only two candidates, your remaining one vote will not be counted.

Can I vote for one candidate three times?
No.  You cannot cast more than one vote for any one candidate.  This would be cumulative voting which is not authorized under the PDPOA Articles of Incorporation or Bylaws.  Any ballot purporting to cast more than one vote for any candidate will be treated as one vote for the selected candidate, with the remaining votes for that candidate being uncounted.

Why is cumulative voting not permitted?
Several members have asked why they cannot cumulate their votes, indicating that the Bylaws do not prohibit cumulative voting.  We asked PDPOA’s attorney to address this issue, and his reply is:

Cumulative voting would not be permitted.  PDPOA is a non-profit corporation governed under South Carolina Non-Profit Corporation Act at Title 33, Chapter 31.  The issue of cumulative voting for Directors is covered under S.C. Code §33-31-725, which provides:

“(a) If the articles provide for cumulative voting by members, members may so vote by multiplying the number of votes the members are entitled to cast by the number of directors for whom they are entitled to vote, and cast the product for a single candidate or distribute the product among two or more candidates.”

The articles are defined as the Articles of Incorporation for the corporation.  Thus, according to the Act, the Articles of Incorporation must provide for or authorize cumulative voting, or cumulative voting is not permitted.  This interpretation is consistent with the South Carolina Reporters’ Comments to the section which indicates that “Section 33-31-725 embodies a presumption that [non-profit] corporations will not have cumulative voting.”  The Articles of Incorporation establishing Palmetto Dunes Property Owners Association, Inc. were filed on or about August 19, 1977, and do not provide for cumulative voting.  Accordingly, this voting practice is not permitted under the Act.

This issue is not that the Bylaws do not prohibit cumulative voting, rather, that the Articles do not permit cumulative voting.

How many candidates can I vote for?
You may vote for up to three candidates.  Any ballot received purporting to cast votes for more than three candidates will not be counted with respect to the election of Directors.

Can you tell me how many proxies are assigned to me?
If requested, we will provide a list to any proxy holder of the owners that have assigned a proxy to them after all proxies are collected and tabulated. Keep in mind, that any property owner can attend the meeting in-person and rescind their proxy and vote themselves at the meeting.

When will PDPOA give me my proxies to vote?
After the meeting has started. Even though proxies have been assigned to you, the owner can still attend the meeting in-person and rescind their proxy. After all owners have checked in for the meeting, we will  pull all the proxies that have not been rescinded.

When will we find out the results of the election?
The results of the election will not be announced at the meeting. We will send out an email with the results of the election after they are certified by a third party and delivered to the Association.

Annual Meeting Links

If you have additional questions not addressed in this list, please email accounts@pdpoa.org and we will add your Q&A to our next update.

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