Guest LJK Posted May 22, 2012 at 06:50 PM Report Share Posted May 22, 2012 at 06:50 PM In the following case how would RONR apply?http://www.ccfj.net/ArbFLelectEastLinden.htmlRONR 11th Ed, Pg.419, LL 5-9, States " A recount may also be ordered at a Special session properly called for that purpose, if held within a quarterly time interval..."What is the proper timeline to use if the Bylaw has a date for the election of Directors (eg. June 4) and the quarterly interval exceeds (is beyond) that day?Ronr 11th ED, Pg. 444, LL25-27, "After an election becomes final...it is to late to reconsider (37) the vote on the election.If the Teller Committee accepted all the votes initially at the members Annual meeting without presenting any to the assembly for a decision, on whether they are valid or not, would votes presented later as a Recount at a Special meeting be classified as "reconsidering' the previous motion even though it was not presented at the Annual meeting? If it had been presented previously, would this not be a reconsideration of the previous moton which is not permitted?Thank You, Link to comment Share on other sites More sharing options...
J. J. Posted May 22, 2012 at 07:36 PM Report Share Posted May 22, 2012 at 07:36 PM Unless your bylaws say differently, the result would have to be announced at a meeting. A recount could be ordered at that point. Link to comment Share on other sites More sharing options...
Guest LJK Posted May 22, 2012 at 08:19 PM Report Share Posted May 22, 2012 at 08:19 PM The Bylaw states that " the Annual meeting for the election of directors shall take place prior to June 4 of each year. "The Annual HOA meeting was held in April. The election results were announced at the meeting. The meeting was adjourned with no motion for a Recount being made.Pending now is a Special meeting of members scheduled for June 15th, after the June 4th Bylaw date, but within the quarterly time interval stated in RONR for a Recount to take place. This meeting is for a members vote on a Recount.Can a valid Recount be performed after the June 4th Bylaw date? Is the April election results final after June 4 if no Recount takes place prior to this date? Link to comment Share on other sites More sharing options...
jstackpo Posted May 22, 2012 at 08:52 PM Report Share Posted May 22, 2012 at 08:52 PM The Bylaw states that " the Annual meeting for the election of directors shall take place prior to June 4 of each year. "The Annual HOA meeting was held in April. The election results were announced at the meeting. The meeting was adjourned with no motion for a Recount being made.Pending now is a Special meeting of members scheduled for June 15th, after the June 4th Bylaw date, but within the quarterly time interval stated in RONR for a Recount to take place. This meeting is for a members vote on a Recount.Can a valid Recount be performed after the June 4th Bylaw date? Is the April election results final after June 4 if no Recount takes place prior to this date?Presuming that there is NO regular meeting scheduled between the (past) April meeting and the June 15 Special meeting, then a Recount is proper on that date.Ignore the June 4 "Bylaw date" -- the "prior to" phrase in your bylaws takes care of that. You did the election "prior to" June 4, so all is well. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted May 22, 2012 at 10:00 PM Report Share Posted May 22, 2012 at 10:00 PM One important point: Have the tellers placed the ballots and tally sheets in the custody of the secretary, and has the secretary kept them under seal for the entire time since the election, or has some other method, ordered by the assembly, been implemented to ensure the integrity of the ballots?If not, you really have nothing to recount. Link to comment Share on other sites More sharing options...
Guest LJK Posted May 22, 2012 at 10:21 PM Report Share Posted May 22, 2012 at 10:21 PM No, the ballots and proxies were opened by the Management Company who are now claiming an error due to their own fault in not reporting a proxy. This is what they are now claiming as a reason for a recount. The Management companty has also announced how the changes would effect the election result.Thank you for making an excellent point. Link to comment Share on other sites More sharing options...
jstackpo Posted May 22, 2012 at 10:35 PM Report Share Posted May 22, 2012 at 10:35 PM Until the Recount is formally requested (by adopting the motion at your special meeting) and done, whatever the Management Co. has to say has no bearing on anything. I also doubt that the Management Co. has a vote on the question of ordering a recount. Link to comment Share on other sites More sharing options...
Guest LJK Posted May 23, 2012 at 12:41 AM Report Share Posted May 23, 2012 at 12:41 AM The Management Company, after adding the omitted proxy, claims that their new count of the votes will change the election results. This is the basis for the Board having called an owners Special meeting to vote for a Recount.Previously, the Teller Committe counted the votes at the meeting and the President (Chair) announced the results. A detailed count attributed to each candidate was not announced.RONR 11 Ed, Pg. 416, LL 12 -16 "If the meaning of one or more ballots is doubtful they can be treated as illegal if it is impossible for them to effect the result, but if they effect the result, the tellers report them to the Chair..."If it were not for the Management Company's report that a Recount would effect the results, this election would be final. The Board is using the management company's report to justify a owner's vote for a Recount. I thought I had read where a Recount had to effect the results of a motion or election. I could not find this in RONR 11th Ed. Link to comment Share on other sites More sharing options...
jstackpo Posted May 23, 2012 at 01:21 AM Report Share Posted May 23, 2012 at 01:21 AM You wrote: "I thought I had read where a Recount had to effect the results of a motion or election. I could not find this in RONR 11th Ed. "No. You couldn't find it because it isn't there. There is no way of knowing if a recount would make a difference until you actually DO the recount, of course. Link to comment Share on other sites More sharing options...
Guest Edgar Posted May 23, 2012 at 01:22 AM Report Share Posted May 23, 2012 at 01:22 AM I thought I had read where a Recount had to effect the results of a motion or election.Well, in some instances one wouldn't necessarily know if a recount would affect (not "effect") the results unless there actually was a recount, no? Link to comment Share on other sites More sharing options...
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