former President causing problems

Basically I just want to vent.

At our Board meeting a couple of days ago, two former Presidents attended. We are taking a voting on an issue entirely by absentee ballot. There will be no member meeting.

We determined when we will count the votes so that we can let the membership know and anyone who wants to may come and watch us count the vote.

There was mention of using the percentage assigned to each unit to determine the vote. A former President spoke up and said he and the other President looked and there was no place indicating that we needed to us percentages to tally votes. In my opinion this former President thinks he knows so much more than he actually knows. Too long a story to go into the problems he caused when he was President.

I did have our documents with me at the meeting, but I didn't want to get in a contest with the former President about who was correct nor did I want to take our meeting time for this.

My question would be "How do you handle former Presidents" We have had five Presidents in the last five years. This was related the the illegal vote this President had when he was residing as President.

So after the meeting I checked NE Condominium laws and our documents. And the following is what I added as an addendum to the minutes.

After the meeting we reviewed state laws and our documents.

State law does indicate a need to assign a percentage to each unit.

Our Master Deed states in Article 7B states “Each Apartment shall be entitled to a vote equal to the Apartment’s percentage of interest in the Common Areas and Facilities as set forth in Exhibit B.”
Article 7C states “The owner of each Apartment, or some Person, who need not be an Owner, designated to act as proxy on behalf of the Owner, shall be entitled to cast the vote appurtenant to such Apartment at all meetings of the Association.”

It was determined the vote on the website does not need to be counted using the percentages because the vote was not taken at a meeting of the members, but any vote taken at a meeting of the members must use the unit percentage assigned to it when tallying votes.

You know, Bonnie? I'm a little nervous about the conclusion that a membership vote taken electronically doesn't need to use the % ownership of the common area to tally them.

Now, I'm glad our HOA doesn't have that in our documents. But you've mentioned this percentage in previous posts. In your citation, you say something about "Exhibit B," but not what it states. From what you've quoted, the % for each unit is spelled out in Exhibit B, right?

Back to my concern: if the election complies with your documents and NE laws in every other way, why shouldn't the percentage be used. I guess i don't grasp the logic. Is this vote just an advisory vote Owners' opinions) rather than a "real" election?

Maybe you're willing to share the topic that members are voting on.

Our documents list a percentage of ownership also but it does not apply to votes, there it is one unit one vote not 75% of a vote. When the former president or really anybody states something is in the CC&R's hand them a copy and state: "I was not aware of that. Please show me."

This is especially effective when someone states something is against the law.

I wish ours did not apply to votes. As Secretary, I spend much time preparing proxies and ballots for our annual meeting. After they are prepared, I double check the percentages to make certain it totals 100% and then I have another Board member review the proxies and ballots with me to be certain everything is correct. Of course I hope we have outside management before the next annual meeting.