PROXIES & SECRET BALLOTS FOR BOD ELECTION

[Guest S. Chase]

In an election for the HOA Board of Directors we have many property owners who cannot attend the meeting. Can these absemt property owners vote by secret ballot, along with the property owners in attendance, as opposed to a proxy? Can proxies be used along with a secret ballot, in the same election? Can a secret ballot be used for the election of the BOD officer while using proxies to vote on the budget and other matters?

Thank You,

S. Chase

referee@atmc.net

[George Mervosh]

See FAQ#10

[Tim Wynn]

In an election for the HOA Board of Directors we have many property owners who cannot attend the meeting. Can these absemt property owners vote by secret ballot, along with the property owners in attendance, as opposed to a proxy? Can proxies be used along with a secret ballot, in the same election? Can a secret ballot be used for the election of the BOD officer while using proxies to vote on the budget and other matters?

Thank You,

S. Chase

referee@atmc.net

You can't do any of those things under the rules in RONR. Your organization will have to have separate rules to govern these processes, which will need to be authorized in your bylaws or a higher authority.

Note that a secret ballot can be ordered on any vote, at the will of the assembly.

[J. J.]

Assuming proxy voting is permitted in the bylaws, yes.

A member holding more than one vote could be given the number of ballots equal to the number votes in possession.

You bylaws (or controlling statute) would first have to grant the ability to vote by proxy.