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Found 9 results

  1. We are an HOA board of 9 representing our association broken in to 9 areas or districts with a representative for each district voted on by the membership. Per our Bylaws, we also carry 4 alternates that are elected at large at the same time as the district representative election. A board member who also served as VP has resigned; an alternate, per our Bylaws, filled the board seat, but the office role remains vacant--we will vote on that at our next monthly meeting. Our Bylaws state: Vacancy: Vacancy in the office of president shall be filled by the vice-president. The vacancy thus created in the office of vice-president and any other vacancy shall be filled by a vote of the Board of Directors. Election: At the first Board of Directors meeting in January, the District Representative forming the Board of Directors shall, by secret ballot, elect the president, vice-president, secretary and treasurer. The bylaws are clear that at our January meeting we elect officers by secret ballot of the BOD. We board members are unclear if a vote by secret ballot is also called for in the event of a vacancy such as the one described, or if the board can accept a volunteer and vote by voice or roll call vote, eliminating the secret ballot.
  2. IN OUR SMALL (90) ORGANIZATION, a controversial motion is coming up soon for a discussion and a vote. Some members are concerned about intimidation, and would like to have a VOTE BY BALLOT. What is the proper way to go about it? What is the correct motion (THAT THE VOTE ON THIS MATTER SHALL BE BY BALLOT)? When to make it? Who may make it? What form? What it takes for it to pass? Sorry, but couldn't google this out of the internet... Thanks, Yoram
  3. Nominations closed. Election set for a month later. Candidate decides to withdraw their name from consideration three weeks out before the ballots are even printed. No rules in the bylaws pertaining. Make them keep their name on? ..or remove their name before printing the ballots? Thanks in advance
  4. In a small group when voting on an election of officers can a delegate request that the vote be taken by ballot would the chair then be obligated to conducted by ballot?
  5. iN THE MATTER OF PUNISHING A MEMBER, The Bylaws say vote by ballot: ..."arbitrator’s ruling of the facts of the matter and recommendation of punishment, if any, shall be submitted to the general membership for approval, at the next GMM, before the proposed punishment can become final. At the GMM, held in an executive session, [that safeguards the privacy of the accused and the Association] a simple majority of Active members present and voting by ballot is needed to affirm..." [Emphasis added] The GMM voted NOT by ballot, but by show of hands. Is that OK? Does the punishment stand? Or is it invalid? Thank you Yoram
  6. The right to change one’s vote is not restricted to the regular methods of voting (RONR [11th ed.], p. 408). In a vote taken by ballot, may a member who wants to change his vote thus unilaterally require the assembly to redo the balloting from scratch? That would seem to be the only way to preserve the integrity and secrecy of the balloting process but enables an individual to delay business. There seem to be two cases with respect to timing: requesting to change a ballot vote either before or after the tellers’ report has been read (and before the result is announced, in each case). In the latter case, the chair may deem the request dilatory when the tellers’ report indicates a clear result. This case would be similar to a member’s demanding division when the result is clear (p. 342, ll. 24–25). In the former case, though, there doesn’t seem to be a clear reason to curtail a member’s right to change his vote. Is the matter simply up to the chair’s discretion, subject to appeal?
  7. If an election was held by ballot, and certain members voted that were ineligible to vote, and the ballots were destroyed after the election, on what basis can the election be considere null and void? I found this on the dummies website, but can't find the supporting language in the actual rules.. "Votes cast by illegal voters must not be counted at all, not even included in the number of total votes cast. If it’s determined that enough illegal votes were cast by illegal voters to affect the result, and these votes can’t be identified and removed from the count, then the vote is deemed null and must be retaken." where is this rule?
  8. Guest

    Ballot Guidance

    I belong to a local social club that was established about 6 years ago. This club in not incorporated. The board has made a recommendation to its membership to modify the name of the club. A written notice of a pending motion to vote to amend the by laws and modify the name of the club. The written notice was mailed to all club members within the time frame (10 days) of the meeting for a vote to amend the by laws with the name change. The notice stated the bylaws as they stand today (CLUB NAME: Valley Club), and the proposed by laws change (CLUB NAME: Big Valley Club) . My questions are directed towards the correct procedures related to: Amend the by laws and its procedure and the verbiage related to the ballot. 1)before the vote, a motion is made to amend the by laws and modify the club name. After the motion is made, does it need a second? 2)Once the motion is made, does it open up to membership for discussion? 3)How is it sent for a vote? does it need a motion for a vote? and does it need a second? and does the membership vote to send it to a vote? 4)by Ballot Vote, How should the ballot be written so the members understand what they are voting on? 6)Do they mark the ballot with an "X" For or Against? Approve or Not Approve? Yes or No???? 7)For verification for members only to vote, should they print and sign their name on the ballot? or not sign the Ballot? The vote to amend the by laws requires a 2/3 vote of the membership present and voting. Also, the by laws refers to the name of the club in a different article and section of the by laws. My question is 1) is there a way to include this change of the club name in the other parts of the by laws in this vote 2) Does it require another notice to amend the by laws to change the club name as stated in the other sections of the by laws 3) Could the changes be automatic to keep the bylaws germane and consistent? I would like to assure that the vote proceeds fairly with due process. thank you for your help and guidance Mark
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