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LaverneB (Florida)
Posts: 79
Posted:
Oue election of new officers is coming up. I told them votes have to be counted in front of the Members not behind closed doors (Florida Sunshine Law) I was told they would leave doors open . I don't know what else to do or who to report this to. Any ideas?
GlenL (Ohio)
Posts: 5,491
Posted:
Lavern Florida Sunshine Law applies to the government not HOA's, you would need to check either FL720 for HOA's or FL718 for condos to see if they have any specific requirements for counting. We pick two volunteers from the homeowner's present as tellers along with the MC who reads the votes to them and yes it is done in a separate room. Of course the votes are subject to inspection should anyone wish to.

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,061
Posted:
Laverne,

Simply ask that you be allowed in the room to observe the count.

Tim
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By LaverneB on 01/09/2013 4:51 PM
Oue election of new officers is coming up. I told them votes have to be counted in front of the Members not behind closed doors (Florida Sunshine Law) I was told they would leave doors open . I don't know what else to do or who to report this to. Any ideas?

The way it should be done (and the way some state's corporate laws require it to be done) is for members to elect inspectors of the election (Robert's Rules uses the term, "tellers") prior to the election taking place. Usually, a minimum of two inspectors is required. It is the job of the inspectors to collect and count the ballots. The purpose of having the members choose the inspectors and for having at least two of them is to minimize any opportunity for hanky-panky.
KevinK7 (Florida)
Posts: 1,343
Posted:
Florida corporate laws may also apply. Check Statute 617.
CarolR11 (Colorado)
Posts: 2,563
Posted:
In CA, we're required to have one or three "inspectors of Election," who count the votes. We also are required to permit any Owners to observe the entire process, i.e., inspectors opening the outer signed envelope, checking the name off of a list of owners, opening the inner envelopes (which aren't identified by Owners as we must have secret ballots), entering the votes next to the names and calculating the totals.

But I don't know what Fla requires, and others have provided statutes for you to look at, Laverne.

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