Collection of Ballots

Started by JoseV • 8 replies • 1545 views

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JoseV (Florida)
Posts: 27

Posted:

We have a group of homeowners that have requested to be included on the Ballots for election of Directors. However, they walking the community with badges and clipboards and are soliciting votes (soliciting is not allowed in our community) and at the same time collecting the ballots. I find this disturbing and feel that it is invalidating the elections. What should we do?

JeffP6 (Florida)
Posts: 91

Posted:

They are not necessarily soliciting as they would have to be selling something for that to be considered. They are campaigning which unless prohibited by your bylaws is perfectly legal. Getting the votes - and collecting the ballots is perfectly legal as long as they are being named the persons proxy. It doesnt invalidate the election in any way.

What really is your problem with this? are you one of the names on the ballot?

SusanW1 (Michigan)
Posts: 5,202

Posted:

HOW can they collect the ballots if they are asking to be included on them?
Was the ballot already pre-printed/
Is this a write-in campaign?
Just curious . . .

TimB4 (Tennessee)
Posts: 21,062

Posted:

Jose,

First you need to identify if the items they are collecting are the actual ballots or just a proxy statement indicating to the Board that an individual is authorized to vote on the members behalf.

If the items are proxy statements, and your association or State laws allow voting by proxies then this is perfectly legal.

If the items are actual ballots, then it would depend on the wording for absentee voting is within your governing documents. If it specifies that they must be returned to the Board but doesn't mention via U.S. Mail, then these individuals could be considered couriers delivering the ballots to the Board. This would be perfectly legal.

Without access to the exact documents the people are collecting, along with no access to your governing documents concerning elections, it's difficult to provide better advise.

Tim

JoseV (Florida)
Posts: 27

Posted:

Thanks for the correction on solicitation. My name is on the ballot and am currently a board member. I felt that the collection of both the proxy and ballots would invalidate the election. However, how can I be sure that they, were in fact, the assigned person or persons? Nevertheless, both the proxy and ballots were to be "sealed & mailed" or brought to the meeting. Nothing was ever mentioned in our meeting that X board members or new members running, would be collecting these ballots.

JoseV (Florida)
Posts: 27

Posted:

Hello Susan. The ballots are pre-printed. I am trying to narrow this thing down to where I can have the right information to challenge this action. So far, from what I have read, it's legal. But I'm not giving up yet.

JoseV (Florida)
Posts: 27

Posted:

Hello Tim,

I'll get back with you once I find out if the ballots were collected along with the proxy...However, I do know that they were suppose to be sent via e-mail or brought in person. Once again thank you.

JeffP6 (Florida)
Posts: 91

Posted:

Quote:

Posted By JoseV on 11/15/2010 4:48 AM
Thanks for the correction on solicitation. My name is on the ballot and am currently a board member. I felt that the collection of both the proxy and ballots would invalidate the election. However, how can I be sure that they, were in fact, the assigned person or persons? Nevertheless, both the proxy and ballots were to be "sealed & mailed" or brought to the meeting. Nothing was ever mentioned in our meeting that X board members or new members running, would be collecting these ballots.

Just confirming - those were the directions sent out with the proxy / ballot - AND that is what is contained inn your covenants for elections?

If that is the case then I would think that the current Board as a whole would invalidate any ballots / proxies that were not returned in that manner.

If this is all true then I would send a letter / postcard / email to all HOA members from the baord reminding them of the correct process and that any ballots returned outside of this process will be invalidated.

So curious - is there a big push to get you off the board? or is this just a general concern about the vote being doen in the right way?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By JoseV on 11/15/2010 4:48 AM

However, how can I be sure that they, were in fact, the assigned person or persons?

Contact the board, prior to the meeting is better and request to observe the ballot counting and the proxy verifications. Prior to the observation you should be familiar with FL HOA and Corporate laws as well as your Associations governing documents. The following links may be helpful to you:

FL Corporate Law - 607.0722
Proxies

FL Title XL Chapter 718 - Condominiums Obviously only applies if your development is a condominium.

FL Title XL Chapter 720 - Homeowners Associations

FL Statutes

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