By-Laws

Started by CherylC1 • 5 replies • 1456 views

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CherylC1 (Pennsylvania)
Posts: 80

Posted:

We have a committee and are in the process of revising our by-laws. We
have had a terrible couple of years so as we revise the by-laws, we are
trying to do it in a way to protect our community. Our current President has
kept people off the board even though they have openings, will not give residents
any information when they ask for it and numerous other things.

We are trying to figure out how to word the by-law,Voting Procedure. Currently you can bring your ballot to the
annual meeting and give it to the Secretary (who really can't be trusted either) or
send it to the secretary. We are trying to find a way to word this so that we can
avoid residents sending their votes to the secretary. We thought about renting
a PO Box for that month but then again the secretary would have the ballots prior to
the meeting. You are all so knowledgeable I figured someone would have an idea.

I know, someone is going to say if the Secretary and President can't be trusted (with a few
of their friends also being on the board) why don't we get them out. Tried, we will have to
wait for the right time.

Thanks!!!

TimB4 (Tennessee)
Posts: 21,062

Posted:

Cheryl,

Remember that your bylaws may not conflict with any State laws. If you are incorporated, this would include corporate laws.

You might want to specify who the election officials (inspectors of election) shall consist of (3 members, only one of which may be a member of the Board). Davis-Stirling.Com has some good info about Inspectors of Elections.

If you are voting by mail, CA laws have some good methods that can be used.

Hope this helps,

Tim

CarolR11 (Colorado)
Posts: 2,563

Posted:

Well, Cheryl, we're revising our Bylaws, too, and I'm Board liaison to our HOA attorney on the project. Even though I'm pretty knowledgeable about our state laws, and so is our Prp.Mgr., we wouldn't dream of tackling this project without our attorneys' advice.

Voting procedures, as Tim points out, are clearly delineated in CA state law, but you need to know what PA law says on the topic. Still, davis-sterling.com might help.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Cheryl:

How about this:

Ballots are mailed, or turned in, to the Secretary in an envelope that clearly identifies the voter. Votes cast at the meeting are also placed into envelopes that identify the voters. The envelopes remain sealed until voting is closed. The envelopes are then arranged in alphabetical order and the member's names are checked against the member roster. If someone has voted both by mail and in person at the meeting, his mail-in ballot will not be counted. This procedure ensures that no one casts more than one vote and also allows anyone who voted to protest if his name is not checked off. If an envelope does not identify the member who submitted it, the ballot is not counted.

The envelopes are then opened and the ballots are dumped into a hopper without being read or counted. This ensures that the voters' identities remain secret. The ballots are then counted publicly and the results announced. The total number of votes cast should equal the number of members who voted.

This keeps the whole process open and above board.

CherylC1 (Pennsylvania)
Posts: 80

Posted:

Thank you, that is a great suggestion. Our by-laws state at the moment that voting is done by secret ballot.
So last time lot numbers were put on the envelopes, checked off against the lot numbers of our community and opened at the meeting but what is to stop the secretary or President from opening the envelopes, filling out a ballot and another envelope and sealing it before the meeting?

I really think it has become terrible when the board is so dishonest that you are concerned that
they would do something like this. I had the President's wife, who was delivering the newsletter, open an 11x17
plain envelope that was delivered by UPS to my front door. At the time I had gone to an attorney about them and I think she thought it might be legal info. The contents were personal and they were taken out and thrown on my
porch. My neighbor was home, she saw her on my porch but didn't actually see her open the envelope but no one
else had been on my porch that day that she saw. I did go to the police but they said they couldn't do anything
about it. I guess opening up UPS packages are not a crime!! I have found that these people will stop at nothing.
Not sure why unless they are doing something dishonest. They even switched auditors that we have had for many
years so an auditor who is friends with the President!

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By CherylC1 on 05/09/2012 3:27 AM
Thank you, that is a great suggestion. Our by-laws state at the moment that voting is done by secret ballot.
So last time lot numbers were put on the envelopes, checked off against the lot numbers of our community and opened at the meeting but what is to stop the secretary or President from opening the envelopes, filling out a ballot and another envelope and sealing it before the meeting?

I really think it has become terrible when the board is so dishonest that you are concerned that
they would do something like this. I had the President's wife, who was delivering the newsletter, open an 11x17
plain envelope that was delivered by UPS to my front door. At the time I had gone to an attorney about them and I think she thought it might be legal info. The contents were personal and they were taken out and thrown on my
porch. My neighbor was home, she saw her on my porch but didn't actually see her open the envelope but no one
else had been on my porch that day that she saw. I did go to the police but they said they couldn't do anything
about it. I guess opening up UPS packages are not a crime!! I have found that these people will stop at nothing.
Not sure why unless they are doing something dishonest. They even switched auditors that we have had for many
years so an auditor who is friends with the President!

Supply an envelope with the ballot. The envelope would require the signature of the member. This would stop the secretary from substituting her own ballots. Make sure to keep all the envelopes and ballots after the election in case there is a dispute.

We do a lot of mail-in voting in Arizona and the process I described both in my first reply and this one is pretty much the way the county handles it.

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