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LynneV1 (South Carolina)
Posts: 211
Posted:
We circulated a petition to call a special meeting and the petition was returned to us because some people printed their names along with their address and did not use a script signature. We also have a petiton with over 110 names on. Is it going to be disected and people eliminated when the intent was obvoius? Also does that mean the election ballots from last fall with names printed instead of signed should be questioned?
JonD1
Posts: 2,350
Posted:
Lynne:

There are procedures to filing a petition and these should be outlined in your documents. They need to be followed to the letter. I would guess any petition would require a signature as simply printing a name and address does not certify someone actually signed the document.

I would guess most petitions would be examined or as you say disected to determine if they are done properly and were collected in a legitimate way. Believe if or not some people would actually falsify names, signatures or content.

Your petition with 110 signatures would represent what percentage of the owners?
How many units are on the property?

Your intent or that of those who did in fact sign is not in any way important nor will it be considered. As I stated you must follow the guidelines set forth in your documents or state regulations. Just because lots of folks seem to agree does not satisfy the legal requirements.

Also the wording of the petition must meet the legal requirements before it might be recieved as a legal and binding petition that the Board must respond to.

As to the ballots from last Fall do you really think that might help your cause?
I don't see a connection or purpose to now bringing that up. I would guess that just might become a distraction and serve no good purpose whatsoever. Or you could go back and examine every election ballot ever cast.
LynneV1 (South Carolina)
Posts: 211
Posted:
We have a petition to remove our board (4 directors) actually we have a quorem. Also we have a 2nd petition to call a special meeting to count the names to remove the board with just over the 10% needed. We got enough signatures today and it was resubmitted. I think if they pick apart our petition signatures, then maybe we can look over the signatures on their ballots that re-elcted them over 5 other people. Surely some of the same people printed their names on the ballots and printed their addresses. I just was not sure if some one scribbled a name it would count more or differently than a hand printed legible name. Thanks !!
JonD1
Posts: 2,350
Posted:
Lynne:

So your intent is to remove the entire Board. In that case I would think they might take any and every action possible to defeat your efforts. So I would prepare myself.

Again, your opinion as to what should be does not make it so. If you had the required number of people to sign but the petition was presented improperly it would not survive any legal challenge. Nor would the Board be required to act upon it.

As to the election ballots while I understand your theory IMO it would be unproductive to now question those ballots as they were submitted and the election results were finalized. To now question them and work for an accounting of the actual ballots would be a complicated process perhaps requiring a ruling by the courts.

If so many people were in favor of now removing your Board where were they last Fall for the elections????? How did these folks win??????

Perhpas your best bet is to plan NOW for the next elections and make sure your side if in fact a majority is ready to act in a way to implement change.

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