Fouled Up Election of BOD

Started by RandyD1 • 7 replies • 1248 views

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RandyD1 (Pennsylvania)
Posts: 4

Posted:

Here's the situation:

Someone was nominated from the floor for the BOD during the annual meeting. That individual's name was included on the ballot for those that voted during the meeting. He ended up getting elected. However at the time we thought this meant the proxy votes did not count since the homeowner's did not know about the nominations from the floor at the time.

In retrospect we now realize the proxy votes should have been counted. This would have likely changed the outcome of the vote.

Is there any way for this to be corrected? What steps do we need to take?

Thanks!

TimB4 (Tennessee)
Posts: 21,061

Posted:

Someone would need to challenge the election (can be any member of the Association including one sitting on the Board). The Board can accept the challenge and does a recount and announces the result. If the Board does not want to do a recount, then the election will have to be challenged in court.

RandyD1 (Pennsylvania)
Posts: 4

Posted:

I am a board member and we want to challenge it. Do we need to call a meeting?

My biggest concern is how we would communicate that to the members without them thinking that something shady is going on.

TimB4 (Tennessee)
Posts: 21,061

Posted:

If the board wants to do a recount then it's simple.

In communicating the issue to the board be honest. Simply state something like:

The Board was made aware after the results of the election were announced that some ballots were erroneously not counted. Upon learning this, the Board performed an official recount of all ballots and the results are as follows:

Name of Candidate # of Votes

Per our [name governing document] the following members are hereby recognized as being elected to the 2011/2012 Board:

Names of new Board members

The Board apologizes for any issues this may have created. The Board has taken steps to ensure that this problem is not repeated in the future. Anyone who desires to review the election materials may do so by contacting {name} at [phone/email].

Typically if one were to comply with the following procedure when making mistakes life is usually easier:
1) Admit the mistake
2) Remedy the mistake if possible
3) Take steps to not repeat the mistake
4) Move on with life.

Tim

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By TimB4 on 06/06/2011 3:29 PM

In communicating the issue to the board be honest.

Shoot, I intended to say when communicating the issue to the membership.

RandyD1 (Pennsylvania)
Posts: 4

Posted:

Wow, this is good. Thanks for your help!!

We've been going through a lot of changes lately and seems like we're learning as we go - which can be good and bad.

Thanks Again, Tim.

RandyD1 (Pennsylvania)
Posts: 4

Posted:

Quote:

Posted By TimB4 on 06/06/2011 3:30 PM

Posted By TimB4 on 06/06/2011 3:29 PM

In communicating the issue to the board be honest.

Shoot, I intended to say when communicating the issue to the membership.

I knew what you meant!

SusanW1 (Michigan)
Posts: 5,202

Posted:

You say "proxies" - did you mean returned ballots?

This is what happens when proxies or returned ballots are mixed with nominations from the floor and write-ins.

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