Voting Rules

Started by LaverneB • 4 replies • 1350 views

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LaverneB (Florida)
Posts: 79

Posted:

Anyone know the corect way a election votes should be counted when there is no management company? I have heard a third party should be hired? I assume any vote that needs a ballot returned should be handled. No there is nothing in our Docs about this....or where can I find info about this? Thanks-----Florida

TimB4 (Tennessee)
Posts: 21,059

Posted:

Laverne,

I can tell you the process our Association uses.

1. Board appoints an election committee (typically a member and the Association Secretary)
2. Individuals sign in at meeting and present proxies
3. Bookkeeper (or Treasurer) verifies member is in good standing when they sign in
4. Election Committee verifies proxy is valid
5. Election Committee member hands an official ballot to eligible member (and/or one for each valid proxy presented) All done while the member signs in.
6. During meeting members mark their ballot
7. Election committee collects ballot
8. Anyone who is interested is invited to observe the count
9. Election committee tallys ballots and certifies count
10. Results are announced and entered into the minutes
11. Sign in sheet, proxies, ballots and tally sheet are maintained with the minutes in Association files.

Hopefully someone from FL will post any applicable laws.

Hope this helps,

Tim

BruceF1 (Connecticut)
Posts: 2,535

Posted:

The procedures for counting votes (ballots) is similar for most cases I'm familiar with.

Connecticut corporate law and our bylaws both refer to the use of election "inspectors." These inspectors are a team of individuals (usually three) who are nominated and elected by the members at each annual meeting, prior to the election, to collect and count the ballots. They then present the ballots and the count to the secretary who records the results. The secretary then turns the results over to the president who announces the results.

The procedure followed by Roberts Rules is similar, except the inspectors are referred to as tellers.

CarolR11 (Colorado)
Posts: 2,563

Posted:

In Calif., HOA's are required by CA Civil Code. to have Inspectors of Election verify that the ballots are valid, open both envelopes, count the ballots and record the votes.

We use 3 and one of them announces the results at the Annual Meeting and Election. (In CA, there may be 1 or 3 inspectors.) Any HOA member may observe the tabulation, etc.

We do not permit a candidate or candidates' co-owner of a lot or lots to serve as inspectors.

But you need to learn what your state laws say on this topic depending on what kind of Association you are.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Laverne:

You did not state whether you are HOA or Condo, so included links for both.

Here is the Statute section for HOA’s under Chapter 720:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.306.html

(2) ANNUAL MEETING.—
(8) PROXY VOTING.—
(9)(a) ELECTIONS AND BOARD VACANCIES.—

Here is the Statute section for Condominiums under Chapter 718:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0718/Sections/0718.112.html

(1) GENERALLY.—
(b) Quorum; voting requirements; proxies.—
(d) Unit owner meetings.—

Potentially the one item I would do because in Florida it is allowed is to video record meeting as allowed and noted below in the HOA statute. If there is any dispute then potentially the process can be verified as to whether valid procedure was followed.

(10) RECORDING.—Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

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