Authenticating Votes

[Guest Lew]

Our HOA permits Proxy Voting. The Management Company is responsible for preparing and receiving proxies before a set time deadline prior to the Annual meeting for the election of Directors. They then are suppose to check for validity of the proxy (ie. assignment, dated , names match Corp. Roster etc.). These are limited proxies where the vote for Directors are designated by the member.

The Management Company then enters the vote count into an Excel computer spreadsheet prior to the meeting. The Teller Committee does not get to see the actual proxies, only the count.

At our last Owner's meeting the Teller Committee made the correct count, but the Management company is now claiming they made a mistake by including invalid proxies. This mistake would change the election results.

The Board has called for a Special Members meeting to vote for a "Recount." The claim for a recount would include discarding the invalid proxies.

RONR states that a recount can be called if their is sufficient evidence that it would change the election results. Considering that the Teller Committee's count was correct the first time, can the Management Company now provide different results to cause a recount? They now know how this would effect the outcome of the election.

Thank You,

[Guest Edgar]

RONR states that a recount can be called if their is sufficient evidence that it would change the election results. Considering that the Teller Committee's count was correct the first time, can the Management Company now provide different results to cause a recount? They now know how this would effect the outcome of the election.

The fact that the teller's count was accurate doesn't mean they weren't counting invalid votes, therefore a re-count (of only valid votes) could, indeed, change the results of the election.

[David A Foulkes]

For anyone interested, there may be more on this found at this previous post. Might be worth a look-see first.