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RussellZ (Michigan)
Posts: 3
Posted:
Our homeowner association proposed a single trash hauler in
our subdivision.(currently 2-3 haulers compete.)
A 50% majority of homeowners is required to pass motion.
All votes were to be submitted by July 31/2010.
A few days later an email was sent to residents stating
a majority was not achieved however, Subdivision board members
were contacting homeowners who did not vote in the hope
enough votes could be secured to pass the motion.
Result - the voting proceedure was kept "Open" until the
desired result could be achieved.
Jan 31/2011 an email was sent stating the motion had been
approved for single trash hauler.

Is this voting proceedure legal??
If not as I expect, where should complaint be filed??

Russell
Rochester, Michigan
JanetB2 (Colorado)
Posts: 4,219
Posted:
Russell:

You need to refer to your HOA documents regarding voting and your State statutes.

Michigan State Statutes:
http://www.legislature.mi.gov/(S(es3ujfbo4rn3av45vhptiq55))/mileg.aspx?page=ChapterIndex

All of us do not know if it was legal or not, because we do not know what your governing documents say regarding this situation.

You can't file a complaint unless the rules were not followed. If proper procedure was not followed, then nicely let your HOA board know of your concerns. They are the first response entity regarding any situation or concern.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Russ - once the votes were opened and counted, that action really "closed" the polls.

For the board to then go out and seek votes to manipulate the outcome was not right.

BEFORE, IF the chair could see that sealed ballots were really lacking in response, then there could have been a motion to keep the polls open, but not once they opened and counted the ballots.

Motion to declare the vote null and void and they can call for the vote again.

Can you imagine any other entity (club, politics, group) trying to do this???

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