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JohnH38 (South Carolina)
Posts: 100
Posted:
Our BOD consists of 5 directors with 2Y terms and due to resignations and what not we usually have 3 open positions every year. The BOD President is rather unpopular and although the covenants give each member one vote, he ruled that each member can vote for one, two or all three candidates. Typically only 3 candidates presents themselves and members will vote for all 3 courageous souls, including the President thus giving him some votes he wouldn't otherwise get. Last elections' results were never disclosed, the President got the least votes and the only 1Y position (from a resignation).

Should each member be allowed to vote for one candidate and one only? And the election results published?

I'm sure the topic has been prevously adressed but any input is welcomed.

As ever, John
JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

You have 3 open positions. If 4 or more run then one should be allowed to vote for 3 of the four. If less then 4 run and an election is held then they are on the BOD.

I do not see the question?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

Maybe an oops on my part.

No matter how many one may vote for, it does not mean they must cast all their votes. If 4 run, you may vote for as many as 3. May does mean you must vote for 3. I may choose to vote for less then 3.

I say the same if less then 4 run.

I have seen the person with the largest vote count fill the longer term if a length of term difference existed

I early voted in the upcoming national election. I voted for 1 person for President, 1 for State Senate and on one ballot issue. I skipped (did not vote) for any of the other candidates for any other office nor on any other ballot questions.

Hope this helps.

CarolR11 (Colorado)
Posts: 2,563
Posted:
JohnH38. Your governing docs, probably bylaws, inform you about voting. As JohnC46 says, no one is required to cast three votes for three positions. But if your docs permit cumulative voting, it's possible that each owner may cast the allowed 3 votes for one candidate.

In CA, results must be posted, but I don't know about SC.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Carol

Thanks. I keep forgeting about that cumulative voting. Personally not something I like but our Bylaws do allow.

While SC has no rules/regs on HOA's, we revert back to SC Nonprofit Corporation Rules and Regulations and they become circular by always saying unless your Bylaws say otherwise.

While I did not look real hard, I saw nothing specific about making voting totals public but any association that does not is being foolish and asking for trouble.

GlenL (Ohio)
Posts: 5,491
Posted:
John you really need to READ YOUR CC&R's to see what is required and how elections are to be held. Typically there is one vote allowed per household for any open positions as JohnC pointed out unless cumulative voting is allowed as Carol pointed out then the homeowner could cast all of his votes towards one candidate. After the election (again typically) the Board members hold what is known as an organizational meeting where they decide which of them holds what officer position. Again typically all Board terms are the same length of time (ours are two years) with two members elected one year and three the next. Usually one year terms are only used in the first election to achieve the split term then all subsequent elections are for the same term.

Studies show that 5 out of 4 people have problems with fractions
JohnH38 (South Carolina)
Posts: 100
Posted:
Her is what our BYLAWS say:

A member shall be entitled to one (1) vote for each lot he owns.

This is SC ... doesbn't say one vote for each position (2 or 3 each year). Is it implied? Not IMHO.

John
JohnC46 (South Carolina)
Posts: 14,265
Posted:
John

Our SC Bylaws say:

"Each Voting Member shall be entitled to cast one (1) vote with respect to each vacancy to be filled from each slate on which such Voting Member is entitled to one vote. There shall be cululative voting."

BOD election. Me one owner. 4 people running for 3 vacanies. I have 3 votes to use (one for each vacancy) and they could be cumulative as in I could cast all 3 of my votes for one person.

I recently early voted in the upcoming national election. In one local election, there were 6 people running for 3 open School Committee positions. The ballot said vote for (b>upto 3 of the 6. So I cast 3 votes. Cunulative voting was not allowed.

CarolR11 (Colorado)
Posts: 2,563
Posted:
Hmmmm, JohnH38, the wording you cite is very odd. It makes it sound that each lot may only cast one ballot even if there are, say, 3 open board slots. Will you please cut & past or typ it again including the sentence before & after your cite above? Context often matters.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JohnH38 on 11/04/2012 7:09 PM
Her is what our BYLAWS say:

A member shall be entitled to one (1) vote for each lot he owns.

This is SC ... doesbn't say one vote for each position (2 or 3 each year). Is it implied? Not IMHO.

John

I have one vote as a resident of my state.

If we were to follow the above train of logic, it would mean that I could cast a vote for president or I could cast a vote for senator but I could not cast votes for both president and senator as that would mean casting two votes.

JohnH38 (South Carolina)
Posts: 100
Posted:

Here it is:

CLASS A. Class A Members shal be all owners (excluding the declarant).A class A member shall be entitled to one (1) vote for each lot he owns. The declarant may become a class A member upon expiration of its class B membership status are hereinafter set forth.

Clearly to me, it signifies 1 vote for 1 of the candidates.

John
GlenL (Ohio)
Posts: 5,491
Posted:
John you need to read all of the CC&R's. This section while poorly written is to convey that there is only to be one vote cast per unit. Meaning if you and your wife both own the unit, only one of you is entitled to vote in any election.

Studies show that 5 out of 4 people have problems with fractions
CarolR11 (Colorado)
Posts: 2,563
Posted:
Glen's interpretation is exactly how it is in our HOA and many others I've read about on this forum. There is only one votER per lot or unit.

We are a Board of seven who serve two-yr. terms. S

So every other year, there are 4 vacancies. We'd never be able to fill them all if only one vote per lot were allowed.

it's not like voting for the US president--only one vacancy. It's more like voting for your school board-- 5 candidates, vote for three.
PaulT6 (California)
Posts: 409
Posted:
Quote:
Posted By JohnH38 on 11/04/2012 6:04 AM
Our BOD consists of 5 directors with 2Y terms and due to resignations and what not we usually have 3 open positions every year. The BOD President is rather unpopular and although the covenants give each member one vote, he ruled that each member can vote for one, two or all three candidates. Typically only 3 candidates presents themselves and members will vote for all 3 courageous souls, including the President thus giving him some votes he wouldn't otherwise get. Last elections' results were never disclosed, the President got the least votes and the only 1Y position (from a resignation).

Should each member be allowed to vote for one candidate and one only? And the election results published?

I'm sure the topic has been prevously adressed but any input is welcomed.

As ever, John

"Should each member be allowed to vote for one candidate and one only? And the election results published?"

If I am reading your question correctly it seems that each property owner receives one ballot with three names on it. In our situation if we have three vacancies and three candidates they automatically become Directors, no vote is necessary.

If we had three vacancies and five candidates we again get one ballot per property. We can vote for three of the five but cannot vote three times for the same candidate. I have never heard of "cumulative" voting?

The only thing close to "cumulative" voting for us is if you owned three properties.

Paul T
PaulT6 (California)
Posts: 409
Posted:
Forgot this, yes, we publish the results, EXCEPT in the last election the vote count per candidate was omitted from the report. After being pushed for that info it was finally posted at a later date. It is my opinion the Management didn't want the Members to know how close their opponent came to beating them, the "good guy" lost by only 70 votes out of about 1,600, which was just a quorum out of a total of about 6,400 properties. Fat Association.

Paul T
CarolR11 (Colorado)
Posts: 2,563
Posted:
Paul, our bylaws permit cumulative voting, but we never go that route & will dump it from our bylaws if we can ever get them restated.

In Cali Civil Code, the total number of votes for each must be posted or put in a newsletter. See davis-stirling.com Main Index for more.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Paul

Cumulative voting is quite common. It is used more in the corporate world and that is what an association is, a corporation.

Cumulative voting election permits voters in an election for more than one seat to put more than one vote on a preferred candidate. When voters in the minority concentrate their votes in this way, it increase their chances for obtaining representation in a legislative body.

This is different from bloc voting, where a voter may not vote more than once for any candidate, and 51% of voters can control 100% of representation.

Personally, I do not like cumulative voting as the minority could control the majority.

PaulT6 (California)
Posts: 409
Posted:
Carol,

Right, for the 20 + tears I have been here the vote per candidate was always posted. Last Year they must have "forgotten"? Maybe because they almost lost? It took about 2 weeks after the initial post to include the candidate vote. I think it is called "managing" the news, or something like that?

John,

Didn't know that, seems like a very strange approach, wonder who thought that one up?
Maybe we could set up something like that for national elections, like one vote for each $500 you pay in taxes?

Thanks for the feedback,

Paul T
GlenL (Ohio)
Posts: 5,491
Posted:
Paul check out the cumulative voting page on davis-stirling.com

http://www.davis-stirling.com/IndexofTopics/CumulativeVoting/tabid/1888/Default.aspx#axzz2BJncOmGw

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Paul

From Wikipedia:

Cumulative voting is used frequently in corporate governance, where it is mandated by some U.S. states.It was used to elect the Illinois House of Representativesfrom 1870 until its repeal in 1980and used in England in the late 19th century to elect some school boards. As of March 2012, more than fifty communities in the United States use cumulative voting, all resulting from cases brought under the National Voting Rights Act of 1965. Among them are Peoria, Illinois for half of its city council, Chilton County, Alabama for its county council and school board, and Amarillo, Texas, for its school board and College Board of Regents. Courts sometimes mandate its use as a remedy in lawsuits brought under the Voting Rights Act in the United States; an example of this occurred in 2009 in Port Chester, New York, which had its first cumulative voting elections for its Board of Trustees in 2010.

A form of cumulative voting has been used by group facilitators as a method to collectively prioritize options, for example ideas generated from a brainstorming session within a workshop. This approach is described as “multi-voting” and was likely derived from the nominal group technique and is one of many tools suggested within the Six Sigma business management strategy.

It sent me looking.....LOL

Glad to help. That is one of the best parts of this chat. Helping.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
In the link Glen gave, Davis-Stirling says:

No municipal, county, state, or federal election procedure uses it. Cumulative of voting is intended for use by stock corporations so small shareholders can have a voice.

Hmmmmmmm.......could they be wrong.....LOL
PaulT6 (California)
Posts: 409
Posted:
Glen & John,

Very interesting, thanks for the link & info.

Paul T
BradP (Kansas)
Posts: 2,640
Posted:
This is pretty simple...one vote means you get one vote for each open position. Much like every other election you vote at. I am sure all of us when we went to vote had more than the presidential race on the ballot, but we didn't have to choose whichrace we voted for.

Question, if folks are resigning why isn't the board nominating people to fill the remainder of the term, elections aren't needed in that case.
JohnH38 (South Carolina)
Posts: 100
Posted:
Kafirs

Let's accept the vote to be cumulative. You have 3 open positions with 3 candidates. Nineteen unit voters out of 20 vote for all 3 candidates, one unit voter votes for only 1, how do you tally the votes:

22 votes (19+3) for the one candidate

19 votes each for the remaining 3

Didn't Stalin say that who counts the vote wins the election ... lol.

Best for now, John
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnH38 on 11/07/2012 5:44 AM
Kafirs

Let's accept the vote to be cumulative. You have 3 open positions with 3 candidates. Nineteen unit voters out of 20 vote for all 3 candidates, one unit voter votes for only 1, how do you tally the votes:

22 votes (19+3) for the one candidate

19 votes each for the remaining 3

Didn't Stalin say that who counts the vote wins the election ... lol.

Best for now, John

John

Why the salutation Kafirs?

I do know what Kafir (Arabic, unbeliever) and Kaffir (South African, slang for nigger) mean.

19 owners with cumulative voting for 3 open positions could be maximum of 57 votes (3 times 19) for one person.

19 owners with no cumulative (bloc) voting for 3 open positions could be no more then a maximum of 19 votes for one person.

19 people with 57 votes and the ability to split them....Hmmmmmmmmmmmmmm

JohnH38 (South Carolina)
Posts: 100
Posted:

John

I always thought Kafir meant Westerner (western world) as opposed to Levantine, you are suggesting it may not be PC?

What then if you only have 2 candidates for 3 positions? I haven't made the math but again believe only 1 vote for only 1 candidate leads to an identical election result, how does one cast 3 votes for 1 person? Remember my covenants state each unit owner has 1 vote.

JohnH38
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnH38 on 11/07/2012 7:28 PM

John

I always thought Kafir meant Westerner (western world) as opposed to Levantine, you are suggesting it may not be PC?

What then if you only have 2 candidates for 3 positions? I haven't made the math but again believe only 1 vote for only 1 candidate leads to an identical election result, how does one cast 3 votes for 1 person? Remember my covenants state each unit owner has 1 vote.

JohnH38

John to John

Take the recent national elections. I am only "one" vote but I can vote for each "office", albeit one vote for each office. I voted for President and local State Senator. Was that one vote for each office and/or a total of two votes?

Two candidates for 3 positions is not an election. They win.

We did have that here in SC Senate races where only one candidate met the requirements/whatevers to run for State Senate in a senate distric. Thus only his name appeared on the ballot. No matter how any voted for him (at least himself I assume), he won.....LOL

John from John

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