Votes

[robert conway]

Our HOA meeting did not get a quorum last year mail in ballots were then sent to members and ballots were counted and winners announced. No meeting took place.

These winners are not ratified, have not been counted by any board member and this years HOA is comming up soon.

I have asked to review ballots and was told they are confidential and privleged why?

I belive the ballots are invalid a year has passed with no radification and no teller from the Association suposedly has counted them...who did count to announce WINNERS!!

Thanks marly

[Tim Wynn]

Our HOA meeting did not get a quorum last year mail in ballots were then sent to members and ballots were counted and winners announced. No meeting took place.

These winners are not ratified, have not been counted by any board member and this years HOA is comming up soon.

I have asked to review ballots and was told they are confidential and privleged why?

I belive the ballots are invalid a year has passed with no radification and no teller from the Association suposedly has counted them...who did count to announce WINNERS!!

Thanks marly

Those with answers seek questions. Have one?

[Robert B Fish]

The use pf proxy or mail-in voting must be authorized by your bylaws or it cannot be used. Elections must be conducted within the context of a proper meeting for this very reason. Members do not have the right to inspect the ballots but they do have the right to hear the actual voting results read to the membershp and then to order a recount if they feel that is in order. (They can also order that the ballots be destroyed.)

-Bob

[tctheatc]

very often topics on this forum make me glad I own my own home.

[Tim Wynn]

very often topics on this forum make me glad I own my own home.

That won't protect you from an HOA.

[tctheatc]

well, to be precise, that I own a home that isn't part of one, or won't become part of one. I deal more with raccoons, deer, and foxes running around.

http://en.wikipedia.org/wiki/Homeowner_association

[robert conway]

The use pf proxy or mail-in voting must be authorized by your bylaws or it cannot be used. Elections must be conducted within the context of a proper meeting for this very reason. Members do not have the right to inspect the ballots but they do have the right to hear the actual voting results read to the membershp and then to order a recount if they feel that is in order. (They can also order that the ballots be destroyed.)

-Bob

So without a quorum no meeting no ballot counts?

Member can ask for a recount/ Then members can ask for ballots to be destroyed?

Proxies are secret?

[Robert B Fish]

So without a quorum no meeting no ballot counts?

Member can ask for a recount/ Then members can ask for ballots to be destroyed?

Proxies are secret?

Unless your rules provide some way around it, you need a properly called meeting to process the business of conductng the election.

Any member can ask for anything. A majority vote of the members present and voting is required to order a recount of the ballots.

If by proxies you mean absentee voting, your organization must establish its own procedures for handling that. They can't be totally secret but you can use the system of an outer and inner envelope to allow secret ballow voting by proxy. However, a record still must be kept of who voted.

-Bob

[robert conway]

Unless your rules provide some way around it, you need a properly called meeting to process the business of conductng the election.

Any member can ask for anything. A majority vote of the members present and voting is required to order a recount of the ballots.

If by proxies you mean absentee voting, your organization must establish its own procedures for handling that. They can't be totally secret but you can use the system of an outer and inner envelope to allow secret ballow voting by proxy. However, a record still must be kept of who voted.

-Bob

Could a point of order be made that ballots are invalid from previous year because of no meeting.

No BOD or Association member counted these ballots.

Or what would be the proceedure to invalidate and ask for another vote?

[Rev Ed]

Also check any statute - some jurisdictions allow HOAs to have proxies and that ballots must be kept for a certain period of time after the AGM for inspection if the election is contested.

[Josh Martin]

Could a point of order be made that ballots are invalid from previous year because of no meeting.

Yes, if your rules do not authorize mail-in ballots, you could raise a Point of Order that the election was null and void and Appeal from the decision of the chair if necessary.