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CharlesG5 (Florida)
Posts: 60
Posted:
600 home HOA in Florida. We do not send out voting ballots in the annual meeting package. In the package is the agenda, a proxy, and a bio of those homeowners running for the board. Our By-Laws state that voting must be by proxy or at the meeting. Also, you can be nominated from the floor. Several homeowners want to have the voting ballots in the annual meeting package.

How many HOA's send the voting ballot out and why? The ballot can be copied and a homeowner can vote more than once and the homeowner who is nominated from the floor wouldn't have a chance.

Charles
TimB4 (Tennessee)
Posts: 21,059
Posted:
Charles,

I would suggest that the Board uses a directed proxy vs a general proxy. A directed proxy is similar to a ballot as the member directs the proxy representative to vote a specific way. A general proxy allows the representative to vote how they wish.

As for including ballots, your governing documents would have to be amend prior to mailing of actual ballots. You should also check to see if FL law allows ballots to be cast by mail.

Again, I believe if the Board starts using a directed proxy they would resolve the issue.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Looks lke your board is trying to get as many owners at the meeting as possible to vote. The fact that you accept nominations from the floor makes it important to attend the meeting.

Proxies should be used ONLY when the person absolutely cannot attend the meeting.

Mixing proxies, ballots and nominations from the floor just does not work. So attend the meeting OR send your proxy with someone, giving them permission to vote as they see fit or as directed by you.

MaryA1 (Arizona)
Posts: 388
Posted:
Charles,

AZ requires mail-in ballots so we do not accept any ballots at the meeting and nominations from the floor and prohibited. I don't agree that mailing ballots means a h/o can vote twice. The mail-in ballot is placed in an inner envelope and is not opened until the specified date for counting ballots. The outer envelope has the member's name and lot number on it. As each ballot is received the member's name is checked off. If two ballots were received from the same member the second one would spoiled and not counted. But even if the 2-envelope system is not used, each member should be required to sign in at the meeting and place their ballot in the ballot box, If they have a proxy the name of member who they are holding a proxy for would be checked off. Also, each member should be required to sign the ballot. With this procedure there is no way a member could vote twice.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Charles,

All 4 of my Florida HOAs use mail in ballots which are included in the mailed package, the same as your package is. The ballots have 2 envelopes, the inner one contains the ballot and is sealed after vote selections. It is then put into an outer envelope which is addressed to the HOA office, and has the identification number of the unit/address or however the homes are I.D'd. That outer envelope has a signature line for the voter on records name. Mailed, it then gets opened and the outer envelope with the I.D is marked off on a tally sheet. This insures that only 1 vote comes in from a unit.

The sealed envelopes with the ballot goes into a secure place UNTIL the vote is counted at an open meeting. A watch committee counts them and reports the result during the meeting. That would include proxies as well.

Floor nominations should be eliminated because of 600 members, that process becomes very unsuccessful in trying to get a win.
CharlesG5 (Florida)
Posts: 60
Posted:
DonnaS

Florida Statute 720.306 (9) Elections and Board Vancanies state that a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held.
Therefore, we must take nominations from the floor.

NancyG1 (North Carolina)
Posts: 119
Posted:
What is everyone's opinion on a Board sending out Proxies and in their letter stating if the proxie is not returned they will take their proxie and use as they see fit. This happened at our last annual meeting so they could vote themselves back on the Board.
NancyG1 (North Carolina)
Posts: 119
Posted:
Sorry for the spelling of proxy. It looks like every State's HOA By-Laws are different pertaining to proxy voting. Ballots are not sent out in our Assn. Check your By-Laws carefully they should tell you what you can do, if your Board goes by them. You could also check the State HOA laws. If incorporated check the laws there also.
MaryA1 (Arizona)
Posts: 388
Posted:
Nancy,

A person cannot give theirself a proxie! If the members of your assn didn't rebel against this tactic then they are getting exactly what they deserve.
NancyG1 (North Carolina)
Posts: 119
Posted:
Mary, I know this and you know this, however, our Assn BOD did. I even had my attorney send them a letter and tell them it was illegal. I can't prove it but when the vote count came out I believe they did. As many years as I was a board member noone ever received as many votes as they did. When I added it up it didn't add up right and a number of homeowners said they didn't send their proxy in. Don't know how to fight it and can't afford to. Not enough people in our community that really care.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Nancy - I hope that you will insist that a "Teller" run the election. That person(s) verifies all ballots and proxies and eligible voters, conducts the election, counts the ballots and give the results to the presiding officer to announce.

Management companies should not run elections, IMHO.

Bring in a neutral, independent person(s), if needed to run the election.
MaryA1 (Arizona)
Posts: 388
Posted:
Nancy,

If not enough members care that the board is violating their fiduciary resp to the assn then there really isn't much that you can do about it. It's a real sad state of affairs and is caused by the fact that the State doesn't care enough about HOAs to set up a state agency to oversee HOAs. Sorry!

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