they changed our votes??

Hi, we have an investor group that has been able to amass homes in our development and have been threatening and harassing board members for years. We canvassed the neighborhood and got a huge turnout since they were removed a few years ago. Only problem is, they went around after us, called us all bad people,that all our efforts were actually theirs, and submitted ballots with their names on them with a letter that states that their first vote is invalid and the second ballot is their true and accurate vote. Has anyone encountered this? Is this crazy? The hardest part is that we actually have homeowners that actually agreed to any of it. They also have forged signatures in the past and already have done this on a few of the votes. They are doing anything to win and it is scary.

Hi Rob:

I want to clarify per your Subject title. They did not change your votes … they just out foxed you. Have I personally encountered, no. Do I know of others who have, yes. Was it crazy, I’m not sure crazy is the word when it happens to someone … so maybe frustrating would be more apt.

My question would be same as Susan … was it mail in ballot or proxy forms?

Sorry ... forgot to also ask are you condo or planned community?

planned community, they are working loosely together. The investors are masquerading as residents (per their bios) but don't live in the development. Several don't even live in the state.

Here is some info from your State statutes to see if proper procedure was followed to go along with your governing documents.

AZ Statutes: http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=33

33-1812. Proxies; absentee ballots; definition

A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and may provide for voting by some other form of delivery. Notwithstanding section 10-3708 or the provisions of the community documents, any action taken at an annual, regular or special meeting of the members shall comply with all of the following if absentee ballots are used:

1. The absentee ballot shall set forth each proposed action.

2. The absentee ballot shall provide an opportunity to vote for or against each proposed action.

3. The absentee ballot is valid for only one specified election or meeting of the members and expires automatically after the completion of the election or meeting.

4. The absentee ballot specifies the time and date by which the ballot must be delivered to the board of directors in order to be counted, which shall be at least seven days after the date that the board delivers the unvoted absentee ballot to the member.

5. The absentee ballot does not authorize another person to cast votes on behalf of the member.

B. Votes cast by absentee ballot or other form of delivery are valid for the purpose of establishing a quorum.

C. Notwithstanding subsection A of this section, an association for a timeshare plan as defined in section 32-2197 may permit votes by a proxy that is duly executed by a unit owner.

D. For the purposes of this section, "period of declarant control" means the time during which the declarant or persons designated by the declarant may elect or appoint the members of the board of directors pursuant to the community documents or by virtue of superior voting power.

You are most welcome. Knowing your statutes and your governing documents very well can give you the upper hand, as needed.

agreed, but seriously, there's nothing stopping us from going back to each homeowner and explaining exactly what has been done and getting a new ballot. Just time and homeowners angst at another door knock. We've already got one to change her vote a second time.

Rob.... I recently attended a forum that was sponsored by the Mulcahy (HOA) Law Firm and the speaker, Lynn Mulcahy, said that if their firm is involved in actions that involve votes, they go to the trouble of verifying that every signature is that of a bonafide owner....they look at the recorded documents. Who counts your ballots? I can certainly appreciate your frustrations but knowing your docs along with the statutes is powerful. Do you have a property manager who can help you out on this? Our documents state that we must have one. If you are under declarant control or not might make a difference also.

Rob....I have been called many things but never awesome....so this one goes under the "good" column. I live in an extremely fractured HOA and I suppose many others are divided too. In order for people to have a vote that counts, they muse be the OWNER of RECORD and by searching the title,you can easily make that determination. In AZ we have a website that permits the public to search the "recorded documents" and you will see not only the titles to property but any judgments, trustee sales etc. It is very telling BUT PUBLIC RECORD and free. I would start there and save yourself some attorney fees. You can do this yourself. Go to Maricopa.recorder and it it will up. We challenged someone in our HOA who was not really fit to run for the board and though he was not on the title, he was listed as a beneficiary in the trust. This may all seem petty to some, but one bad apple can spoil the whole bunch. Good luck. KNOWLEDGE IS POWER but be aware....sometimes folks want to shoot the messenger!