Voting procedures

Started by TM4 • 10 replies • 1591 views

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TM4 (Florida)
Posts: 6

Posted:

Our Association is allowed to use secret ballots that are mailed out with the annual notice and proxies. We have several current board members who would like to serve again who will be on the ballot. We also have to take nominations from the floor of the meeting. All voting is by ballot. Our Association atty. said that the nominations taken from the floor would be at a disadvantage because they would not be on the ballot. He he referring to the mail in ballot only? I am not sure what procedure we are to use at the meeting.
And can we also use proxies for voting as well? (FL)

JeriD
Posts: 44

Posted:

I believe what he is saying is, if you wait until the time of the election and take nominations from the floor, you will not have had the disadvantage of your name being on the printed ballot, and those who mail their ballots in will have never seen your name and the fact that you are running for office.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Combining mail-in ballots with live voting, floor nominations and proxies will never work.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

TM4

Most docs have a procedure for getting nominated to run for the BOD and how to do so. The best way to keep this on the up and up is to go overboard in announcing how to do so, put a call out for candidates, have a candidates night, keep all informed, etc.

That said, most of the docs I am familiar with also say there can be nominations from the floor. Yes someone would be at a disadvantage in doing such (like others there saying who the hell is that) and yes their qualifications would have to be checked, but it is proper procedure to allow such. What would be improper is not to allow such.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Our Board members have a certain term. Mine is 2 years. When that term is up we need a member vote to be retained on the Board. If we have opening(s) on the Board, we will take nominations from the floor. Of course we would prefer to know who is able and willing to be on the Board before the annual meeting.

DavidW5 (North Carolina)
Posts: 565

Posted:

In our elections, if nominations from the floor occur, then anyone in attendance can request to withdraw their previously submitted ballot and then to vote again with the knowledge of all candidates.

CarolR11 (Colorado)
Posts: 2,563

Posted:

In Calif., our written, secret ballots are irrevocable, i.e., we cannot change our votes after submission of our ballots.

TM4 (Florida)
Posts: 6

Posted:

I guess I was not making myself clear.
Our governing documents do not give us an option for voting except by ballot or proxy. Previous boards voted at the meeting by a show of hands, but that was clearly wrong. We are trying to do the right thing this time. The association atty. said we can send out a ballot with the names of the current board members who wish to serve again. The voting has to be secret, so those votes would be mailed in prior to the meeting. He also said we have to ask for nominations at the meeting. So my question is this, it sounds to me like we are supposed to have the ballot that is mailed prior to the meeting, then at the meeting, we add the nominations taken at that time, to a ballot with the names of the current board members, and let those at the meeting vote. Does this sound right?
But he also said that the proxies are for voting and to establish a quorum. So does it sound to you like we can give homeowners the option to designate someone at the meeting to vote for them instead of using the ballot that is sent with the meeting notice.

TimB4 (Tennessee)
Posts: 21,059

Posted:

TM,

There are three types of proxies that can be used:

Proxy for Quorum purposes only - means that the proxy representative is not allowed to vote on behalf of the member but the Board may count the proxy toward achieving a quorum.

General Proxy - means the proxy representative is allowed to cast a vote, as they determine is best, for the member on any vote called for at the meeting.

Directed Proxy - means the proxy representative is allowed to cast a vote on behalf of the member but must cast the vote a specific way. Directed proxies often look similar to ballots but the information must be transferred to an actual ballot in order to be counted.

Most associations only provide a general proxy form for the members to sign. We actually use directed proxies. However, we always include spaces for write in candidates on the form and notate on the form that not all candidates have been identified, since nominations are also made from the floor. I've attached a version of the proxy form we use.

You may want to use only directed proxies rather than proxies and absentee ballots.

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TM4 (Florida)
Posts: 6

Posted:

Virginia,
Thank you but I cannot open your attachment.

Does the atty. sound like he is telling us we need two ballots. One that is mailed with the meeting notice, and one at the meeting that includes the nominations taken from the floor.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Florida,

No. Unless you stop the meeting to print the ballots after all nominations are taken, nominations from the floor are normally write in candidates. At least that's the way we do it.

Tim

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