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RB4 (Illinois)
Posts: 15
Posted:
I challenged the voting process regarding our covenant revision. I specifically requested to view the postmarks on the ballot envelopes. The ballots did clearly state a postmark not-later-than date. My records review request was done IAW board and IL state established protocols. I was told their were no envelopes, they had been discarded. I also found that several ballots were emailed or hand delivered to a boardmember who went to various homeowner residences. Each boardmember was given a list of homeowners who had not returned ballots. The rejection of my request came in the form of a letter from the board atty stating I would be wise to refrain from such challenges. I dont have the $$$ for an atty, plus my dues are already paying for the atty to protect the board. Would the IL Secretary of State or perhaps the IRS be able to provide some recourse. We are an IL Gen'l Not For Profit Corp.
TimB4 (Tennessee)
Posts: 21,059
Posted:
RB,

Typically these type of challenges are considered a civil matter so, other than the courts, no government agency would be there to oversee the process.

Your Association probably didn't do anything malicious by discarding the envelopes, they probably just weren't thinking of the need to prove when the documents were received and therefore discarded the envelope. I suspect that if the ballots could be mailed, they could also be hand delivered.

I am unaware if delivery of the ballot by e-mail was allowed or not. However, if they were proxies and not ballots, typically e-mail can be used.

Tim

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