Invalidating an Election

Our HOA recently held an election to fill two positions vacated by term limits. When the vote count was made public I noticed that the ballot count and total votes did not mathematically match. I requeted a recount and found that the ballot count was initially based on the number of envelopes returned which . As I inquired further, I found the following occured.

1. Ballots were accepted without the required "secret ballot" envelope and/or without the signature envelope.

2. Ballots were accepted after the deadline stated on the ballot.

3. Ballots were accepted in a location other than that stated on the ballot.

4. Ballots were accepted from members who were not "members of good standing".

5. Ballots were counted in private away from the assembled body of members.

Am I correct in I believing these discrepancies warrant the election to be deemed invalid?

If so, what steps do I take to have the election invalidated?

If the election is invalidated, what subsequent steps must be taken to fill the two positions this action will create?

Thank you in advance for your assistance.

Well, I see two choices for the Board.

The Board can, based on the recount, amend the results (if the results changed).

The Board can, hold a new election.

If you are not on the Board, I can offer the following choices (if the board isn't working to correct the issue):

1) Gather signatures and call for a special meeting of the membership for the purpose of recalling the individuals in question and hold a new election (need to recall first).

2) Consult with an attorney and challenge the results through the courts (check local laws as there may be a time frame that this has to be done in).

Doreen

It is very possible that the members concerned about how the election was conducted may have to take the Association and Inspector of Elections to Small Claims Court. The easiest thing would be for the Board to invalidate the results based on the irregularities, but politics sometimes tend to get in the way.

First, if the association has a quorum requirement, was it met? Second, math could be off, if cumulative voting is allowed. For instance 20 ballots received, but one candidate received 40 votes. Cumulative voting, typically is allowed if there are two or more director being elected.

1. Ballots should be in a separate envelope marked "secret" or "secret ballot", but if not, it does not invalidate the vote. What is most important is that the secret ballot was included in the ballot mailing, 30 days prior to the election or meeting. Once the outer envelope is opened, the ballot must be separated at once from the outer envelope with the name and signature. If the secret ballot was in fact sent, then the owner gave up their right for secrecy by not using the two ballots.

2. Polls are generally closed by the Inspector of Elections and may be extended for a few minutes, as long as there is no objections from the floor.

3. Ballots should have been return to the Inspector of Election as stated on the ballot and/or envelope.

4. Unless the Board properly took away the right to vote of those members not considered "in good standing", they can vote.

5. Members HAVE a right to observe the counting of the ballots. This was a NO NO.

You have every right to challenge the integrity of an election up to 12 months after the election. The link below will take you to a legal opinion on the matter.

http://www.davis-stirling.com/tabid/2037/Default.aspx#axzz2dUF1iHFD

As far as suspending votes rights, only a Board can do that. The proper procedure would be prior to the nominations being sent out the units "not in good standing", per the wording of the CCRs, should be called to hearing to pay up, get an acceptable plan or have the rights suspended, not just for voting, but for any and privileges the amenities the association might have afford. If they don't show up, all privileges should be taken away. Pool, recreation hall and parking come to mind, along as it was deeded to them. If parking was deeded to them, then visitor parking or additional parking can and should be suspended.

If the Board chooses to look the other way, get another Board.

John,

I was a candidate on the ballot and was elected to my position by 81% of the ballots. Although I should personally be pleased with the results of the election I am not comfortable in knowing the board did not follow basic Civil Code.

Personally I would define "current" as anything no less than 90 days. However, I do define "deadbeat" members as those who owe in excess of $10,000 for more than 3 years, continous violations and with no correspondance or reply to multiple requests to remedy the situation.

If you are "professionally managed", and they were in attendance, they should have known that what happened was completely wrong.

John

In California, we have rules different than other states and must abide by them whether we like them or not. Same as asking our homeowners to abide by the rules that they signed up when they purchased their home, same as the rules in place when I became a Board Member or later when I became property manager and them owning my own property management company. In California, homeowners must have their day in court. Personally, I think its a waste of time, but thems the rules.

Every once in a while you get a payment plan or surprise, full payment. Conduct a bad elect, start over and do it right. By not doing it, you set a bad precedent.