Reviewing Election Proxies

Started by ChrisM21 • 11 replies • 1517 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ChrisM21 (Florida)
Posts: 3

Posted:

We recently conducted our annual elections. The management companies paid employee collected 116 proxies that counted towards the election and for the currect board. Is a homeowner entitled to review those proxies for accuracy and verify for eligibility to be counted towards the votes?

RwT (Florida)
Posts: 154

Posted:

I'll have to put it to you this way...

In an HOA:

Proxies are part of the HOA's 'official records' and must be kept (in Florida) for 7 years minimum.

Proxies and other election documents ARE NOT considered 'non accessible' by Florida Statutes 720.303 (5)(c)(1-7).

Not sure about FLSS718, condos, but doubt significant difference(s).

RwT*

* Non-Lawyer spokesperson.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By ChrisM21 on 05/05/2014 8:38 AM
We recently conducted our annual elections. The management companies paid employee collected 116 proxies that counted towards the election and for the currect board. Is a homeowner entitled to review those proxies for accuracy and verify for eligibility to be counted towards the votes?

In my opinion, Yes. They are part of the official records of the Association as they prove who attended by proxy.
A member also has a right to inspect the ballots.

I haven't checked FL Statutes. However, since the Association would have to provide them in court or binding resolution to prove the election was valid, why not stop the perception of impropriety now and allow them to inspect them. It's transparent, it benefits the Association and, worst case, it may show an area that needs to be addressed.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Many election Bylaws call for an Election Committee and one of their duties is to verify Proxies. Another duty is to verify other (as in person) voters usually with a sign-in sheet before they are given a ballot.

RwT (Florida)
Posts: 154

Posted:

Quote:

Posted By TimB4 on 05/05/2014 12:24 PM

Interesting.

It would seem you read this as the OP (possibly a Director) looking to deny inspection,

I saw it as a Director looking to verify the permissive of a request or owner looking to certify, or possibly challenge, an election.

* Non-Lawyer spokesperson.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By RwT on 05/05/2014 12:57 PM

It would seem you read this as the OP (possibly a Director) looking to deny inspection,

I saw it as a Director looking to verify the permissive of a request or owner looking to certify, or possibly challenge, an election.

Those are certainly two different perspectives to the same question.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tim and RW

Yes, two different perspectives.

Glass half full or half empty?

This was the OP's first post. Typically when many come out here for the first time they are looking for support for their point of view. Often they try and sound neutral but usually after a few posts you can see where they are coming from. Experience on this chat says many newbies are trying to overturn something that did not go their way and rarely are they those in charge. Mainly they are those that believe the "power structure" dumped on them.

Wow.....and I am the optimist in life......LOL

TimB4 (Tennessee)
Posts: 21,059

Posted:

The other interesting thing is that, despite the different perspectives, the answers were the same: The proxies are part of association records.

RwT (Florida)
Posts: 154

Posted:

Quote:

Posted By JohnC46 on 05/05/2014 4:41 PM
Tim and RW

Yes, two different perspectives.

Glass half full or half empty?

This was the OP's first post. Typically when many come out here for the first time they are looking for support for their point of view. Often they try and sound neutral but usually after a few posts you can see where they are coming from. Experience on this chat says many newbies are trying to overturn something that did not go their way and rarely are they those in charge. Mainly they are those that believe the "power structure" dumped on them.

Wow.....and I am the optimist in life......LOL

BTW, regarding half empty or full, as an engineer, I see the glass as: twice as big as it needs to be!

* Non-Lawyer spokesperson.

RwT (Florida)
Posts: 154

Posted:

Quote:

Posted By TimB4 on 05/05/2014 5:47 PM
The other interesting thing is that, despite the different perspectives, the answers were the same: The proxies are part of association records.

Not sure why one would expect differently... facts (answers) are facts and don't change with one's observational perspective.

* Non-Lawyer spokesperson.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By RwT on 05/05/2014 6:43 PM

Not sure why one would expect differently... facts (answers) are facts and don't change with one's observational perspective.

The facts themselves may not change but the perspective could have one blinded to seeing only the portion of a fact that supports their perspective and ignoring other facts completely. Granted, this is typically done by those who have a vested interest in the outcome vs. simply offering advice from a distance.

It was just an observation.

ChrisM21 (Florida)
Posts: 3

Posted:

Hello, I am a newbie to posting on this board, but wanted to insure that the right answer was given to our homeowner, as there was a difference of opinions from a few on our board. I am 100% support of transparency when it comes to our homeowners.. Thanks for the feedback...

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here