Contesting an election.

Started by NancyM2 • 3 replies • 1664 views

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NancyM2 (California)
Posts: 249

Posted:

Dear HOATalk,

One of our homeowners, who is also a "vendor" (Ombudsman) making $85K a year. to do basically the work the management company should be doing. We are having an election, and this vendor is going door to door to collect proxy's and electioneering.

~ As a homeowner he has that right, but as a vendor, it is "conflict of interest" He spends all this time on our nickle.

He is instructing all the owners he collects proxy's from to cast all three votes in one persons column. It is a cumulative election. She is a personal friend of his, and he knows she will protect his job, if she is voted on our board. It's a sure thing she will be elected, even though most owners feel we don'r need a ombudsman at his salary.

My question would be, Can we contest this election, if we can prove"conflict of interest"?

NancyM2

SusanW1 (Michigan)
Posts: 5,202

Posted:

The proxies would be valid. They are lawfully collected.

Whether or not he did all this collecting while on the HOA's dime (during hours he billed the HOA for work) is another matter.

If he was, then he should be fired.

If not, and he was acting as a member, then you have no case.

Your "conflict of interest" chrge does not work here.

GlenL (Ohio)
Posts: 5,491

Posted:

You know there is nothing stopping you and your group from collecting proxies from people the ombudsman has already collected proxies from if you can. A proxy signed on 04-18-11 invalidates a proxy signed on 04-17-11.

Studies show that 5 out of 4 people have problems with fractions

NancyM2 (California)
Posts: 249

Posted:

Dear Glen and Susan,

We have had our team out there collecting proxy's on the weekend, as our candidates all have to work during the week. We are a large association, which takes a lot of time to cover. This Ombudsman has all the time in the world to collect proxy's, and does so.

Perhaps I don't understand what "conflict of interest" means ~~ However I would not expect our Mgmt Co. to get involved or electioneer in our election, as well as our grounds people, even though they were owners..... It just isn't ethical.

Our board has been stacked with his friends for several years now, because he usually finds any replacement for the board when needed. Our homeowners are getting tired of paying this salary, so our only recourse is this election. We have a slate of professional's that have volunteered to run, as they are tired of what has been happening.

Wish us luck

NancyM2

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