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  1. The Annual HOA election had two open Board positions, however only One Candidate on the Ballot and a space for One Write-in candidate. At the beginning of the election meeting, the Community Manager who ran the election process, stated a quorum was present including the proxy ballots and those present. He stated one candidate was on the ballot and asked twice for any nominations from the floor, hearing none he moved to close the election. Since only one candidate was on the ballot, the Community Manager, immediately announced the candidate on the ballot had won. The HOA President asked if the Community Manager had any additional comments. He responded no. The HOA President stated the same evening, that since a second board member wasn't elected by the evenings voting, the Board will appoint a person to the position. The person the board selected would be made known at a later date when the board met to determine their appointee. No review or counting of ballots the evening of the election by the Community Manager or his staff. A day or so later, the Community Manager or his assistant, reviewed all the ballots submitted and found one write-in candidate had been submitted. There was no final call for ballots, but residents in attendance were encouraged to turn in their ballots during the election meeting. Upon review, the Community Manager apparently contacted the President of the HOA to determine what to do with the one write-in candidate? We (Homeowers) found out the resident who submitted the one write-in candidate did not attend the election meeting as he had submitted his ballot as a proxy vote. No one at the Election meeting knew a write-in candidate had been submitted since the Community Manager did not tabulate the ballots that night. For a write-in candidate in our HOA to be elected he must be willing to accept the board position. No communication to the Homeowner's was made by the HOA President nor the Community Manager to alert them one write-in candidate was submitted and new elections were not planned until more than five weeks after the first election. Neither the HOA President or Community Manager immediately after the election, contacted the write-in candidate to ask if he would accept the board position and thereby be the second board member elected. Instead the HOA President and Community Manager sawt legal counsel to attempt to invalidate the write-in candidate's election. Only after a few residents were made aware of the properly submitted write-in candidate did a resident ask why the write-in candidate was considered ineligible. A quorum of votes was present the first time. It appears the HOA President and Community Manager colluded together to create a second election to cover-up the Community Manager's mistakes in handling the election process by not counting the all ballots submitted on election night. Also the HOA President should have asked the one write-in candidate the day after the election, if he was willing to accept the board position. A second election has been scheduled seven weeks after the first election for the single open board position with only write-in candidates accepted. I believe the first election should count regardless of the legal advice the board received. The Board's only legal excuse was "there may have been other ballots with write-in candidates that were not turned in since there was no final call for ballots at the meeting." What are your thoughts?
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