voting irregularities re: board members

Started by EllenL • 6 replies • 1483 views

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EllenL (New York)
Posts: 4

Posted:

I belong to a HOA in NY. We had 3 board positions (out of 7) up for renewal this year. One current board member declined to run, but we managed to get 6 members running for the 3 positions. After the ballots were printed and handed out (and mailed to off-site owners), it was discovered that one of the candidates was not a legal owner. It turns out that the current president had recruited her, and decided on his own, the legitimacy of her candidacy. Since time was a factor and some votes were mailed in, her name could not be removed. We have a possible 86 votes (1 per unit). One current member was re-elected by a wide margin, but the following three tied with 30 votes each. The illegit candidate received 13 votes. After the results were announced, an older woman was brought forward with her vote that she had not yet submitted. It was quickly decided that since she was present, her vote would count. This brought the current board president to 31 and kept the other two contenders tied. My question is: Is any of this legal? and How do we cope with this mess? Thanks.
Ellen

BradP (Kansas)
Posts: 2,640

Posted:

Ellen:

Since you had an illegal candidate on the board I think the best way to handle the situation is to remove them and revote. On the other situation, if a call for all votes had been placed and results announced then the woman who came forward in my opinion should not have been allowed to cast the vote because voting was done at that time.

I think you need to redo the whole election because the 13 votes the illegal candidate got could go a long way in determining the other two positions.

RogerB (Colorado)
Posts: 5,067

Posted:

Ellen, yes it's legal. Mistakes happen; and the older woman's vote counts. I would ask the two that are tied to work out which will serve or else flip a coin.

BradD2 (Florida)
Posts: 418

Posted:

Roger, even after the results were announced? I would have treated her as abstain due to her not "casting her vote" in time.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By BradD2 on 04/17/2007 8:56 AM
Roger, even after the results were announced? I would have treated her as abstain due to her not "casting her vote" in time.

Yes, because the post stated "After the results were announced, an older woman was brought forward with her vote that she had not yet submitted. It was quickly decided that since she was present, her vote would count."

The members made the decision and it will stand if not challenged and found to be improper.

EllenL (New York)
Posts: 4

Posted:

Roger, not to be a pain, but the members didn't decide. The members were told by the current board that her vote could count. She also happens to be the mother of the current VP, which probably adds a twist. Robert's Rules of Order states that "The main object of this form of voting (secret ballot) is secrecy..." Since it became obvious that this woman's vote was not going to be secret, since the results were already announced, it seems to me that the vote should not have been submitted. Thanks, Ellen

RogerB (Colorado)
Posts: 5,067

Posted:

Ellen, your said her vote was accepted, if so it counts. Was an objection raised at the meeting to counting her vote? If you did not agree you could have called for a "point of order" stating that the vote can not be counted since it was not properly submitted. Now I think it is too late.

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