Board Election Results

Started by ChrisM21 • 5 replies • 1656 views

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ChrisM21 (Florida)
Posts: 3

Posted:

In our recent election, The votes for several seats on the board came down to a few votes determining the winner. This was the first year in probably 15 years new challengers emerged to run for a seat on the board. The current board has been continually nominated do to lack of challengers, or quoroms. Our current board was not too receptive to it, but the election was a go. The associations paid employee gathered close to 120 proxies favoring the current board, this did not sit well with the challengers, or the homeowners in favor of a change. After the election the votes were very close. A Few Homeowners (Not board members or challengers) wanted to review the proxies to insure accuracy and everything was on the up and up. I posted early in this forum about that, and I am on the committe handling this task.

It has been discovered that close to 10 of the proxie voters were not the registered homeowners, meaning tenants,other residents filled in the proxy. In addition the association counted 6 votes in their favor from vacant homes that the association has certificate of title to, not the warranty deeds on the property. These properties are also not paying the monthly association fees, which according to the bylaws must be paid to have a vote.

These findings and disqualifying these votes would change the election results.

What would you advise on the best,correct, and ethically right next step should be?

Should the votes be recounted to determine the correct board member nominated?

Does this require a re-election?

I am sure the current board will not be too receptive to just giving up their seats on the baord.

Any suggestions/recomendations would be appreciated...

RwT (Florida)
Posts: 154

Posted:

If you're SURE that it cannot be resolved internally by reason, deliberation, and the presentation of relevant language explaining the (alleged) errors involved, your ONLY choice in Florida is arbitration.

The Florida DBPR's 'Division of Florida Condominiums, Timeshares, and Mobile Homes' is tasked with settling HOA election disputes.
(even though HOA is not mentioned in their division title)

Go here for the information and forms:
http://www.myfloridalicense.com/dbpr/lsc/hoa/LSCMHHomeownerFAQ.html

This WILL require time, effort, and money and is a required step before relief can be sought through the courts.

* Non-Lawyer spokesperson.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By ChrisM21 on 05/15/2014 7:25 AM
In our recent election, The votes for several seats on the board came down to a few votes determining the winner. This was the first year in probably 15 years new challengers emerged to run for a seat on the board. The current board has been continually nominated do to lack of challengers, or quoroms. Our current board was not too receptive to it, but the election was a go. The associations paid employee gathered close to 120 proxies favoring the current board, this did not sit well with the challengers, or the homeowners in favor of a change. After the election the votes were very close. A Few Homeowners (Not board members or challengers) wanted to review the proxies to insure accuracy and everything was on the up and up. I posted early in this forum about that, and I am on the committe handling this task.

It has been discovered that close to 10 of the proxie voters were not the registered homeowners, meaning tenants,other residents filled in the proxy. In addition the association counted 6 votes in their favor from vacant homes that the association has certificate of title to, not the warranty deeds on the property. These properties are also not paying the monthly association fees, which according to the bylaws must be paid to have a vote.

These findings and disqualifying these votes would change the election results.

What would you advise on the best,correct, and ethically right next step should be?

Should the votes be recounted to determine the correct board member nominated?

Does this require a re-election?

I am sure the current board will not be too receptive to just giving up their seats on the baord.

Any suggestions/recomendations would be appreciated...

I am not nor do I play a lawyer especially in FL.

I would present the facts/proof to the BOD exactly as you explained above. See what reaction there is before moving for outside help such as arbitration.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

EDIT

I see no need for a reelection. What you simply need is a recount which should include verification that one was eligible to vote and if not eligible then their vote does not get counted one way or another. It gets thrown out.

DaveD3 (Michigan)
Posts: 796

Posted:

Announce the findings of the validity of the proxy votes
Announce the final, accurate, verified vote totals
Seat new board based on verified election results
Move forward

Move to arbitration as mentioned if there is dispute to the above. At this point, until the proper results are announced, there is nothing to dispute.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By ChrisM21 on 05/15/2014 7:25 AM
In addition the association counted 6 votes in their favor from vacant homes that the association has certificate of title to, not the warranty deeds on the property. These properties are also not paying the monthly association fees, which according to the bylaws must be paid to have a vote.

This one may need to be looked into. On the surface, if the Association holds title, then they would be the owner of record and should be able to vote. As for the Assessments, if the Association foreclosed on the property (which is what I interpret happened when you say the Association holds the title) then paying Assessments is silly. It's like paying yourself rent for living in your home.

Quote:

Posted By ChrisM21 on 05/15/2014 7:25 AM

These findings and disqualifying these votes would change the election results.

What would you advise on the best,correct, and ethically right next step should be?

As Dave pointed out (and I'll repost what he posted):

Announce the findings of the validity of the proxy votes
Announce the final, accurate, verified vote totals
Seat new board based on verified election results
Move forward

If you need further guidance, use the resource offered by RW.

Quote:

Posted By ChrisM21 on 05/15/2014 7:25 AM

Should the votes be recounted to determine the correct board member nominated?

I thought that this is what your committee was doing. Verifying the vote would be a recount.

Quote:

Posted By ChrisM21 on 05/15/2014 7:25 AM

Does this require a re-election?

No. As others have pointed out, it simply requires a recount.

Quote:

Posted By ChrisM21 on 05/15/2014 7:25 AM

I am sure the current board will not be too receptive to just giving up their seats on the baord.

And this will be the issue. If the recount doesn't go the Boards way, and they don't want to accept the recount - the Attorneys will make money resolving the issue.

Perhaps, as RW pointed out, the State Ombudsman can advise prior to announcing the results.

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