Tallying Votes(IL)

Started by ReneeD • 2 replies • 1150 views

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ReneeD (Illinois)
Posts: 201

Posted:

Homeowners are instructed to mail in the proxy/ballots to management company who then brings to Annual Election Meeting. Manager proceeds to open all the envelopes as they are received and brings them to the meeting. I believe this is not correct. Opinions?

GlenL (Ohio)
Posts: 5,491

Posted:

I wouldn't do it that way but unless you have different requirements either in your CC&R's or in Illinois law (don't forget the non-profit corp code) then it can be done. We use a two envelope system with the ballot in a sealed envelope to be opened by the election tellers. The MC opens the outer envelope which contains the proxy and staples it to the ballot. If the election is not held because of quorum the ballot is never opened.

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BonnieE (Illinois)
Posts: 338

Posted:

Hi Renee,

This is what we do: Since we can either mail in a proxy to the PM or HOs can bring proxies to the annual meeting, they are not kept sealed in a 2nd envelope. The PM brings those mailed in, and any Board member or HO who has collected proxies will bring them to the annual meeting – all are turned in to the “election tellers” as they enter the meeting room.

So, unless your By-Laws state something else, it sounds like your process is OK (IMO).

Bonnie

* See section 18 of IL Condo Act: http://www.ksnlaw.com/E02E82/assets/files/Documents/Illinois%20Condominium%20Property%20Act.pdf

PS - are you a condominium? If not, this may apply (check date tho): I just noticed a new IL law specific to HOAs that are not condos (common interest community associations such as townhomes, master associations) - will post in another thread.

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