MaryannM3 (Georgia)
Posts: 1
Posts: 1
Posted:
I live in Georgia. Our Board wants to do away with secret ballot voting for officers and directors. Can they legally do this?
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Can owners be required to vote away secret ballots?
Started by MaryannM3 • 7 replies • 2114 views
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KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
In CA, Owners vote by secret ballot for directors. Owners may vote in person at the annual meeting, or may vote by mail.
The directors who are elected in my HOA choose/elect the officers in an open meeting (required in CA) called an organizational meeting.
Check your bylaws first to learn about this topic. If they don't tell you, you need to look up the statutes in GA that deal with these matters. If you are incorporated as are most HOAs, you might find your answer in GA coporations codes.
The directors who are elected in my HOA choose/elect the officers in an open meeting (required in CA) called an organizational meeting.
Check your bylaws first to learn about this topic. If they don't tell you, you need to look up the statutes in GA that deal with these matters. If you are incorporated as are most HOAs, you might find your answer in GA coporations codes.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Maryann,
Keep in mind that I am not an attorney and I do not work in the legal profession. To know for sure if secret ballots are a requirement of law vs. a requirement of your governing documents, you should consult an attorney or read the statutes yourself.
A quick review of the Georgia condominium act, property owners association act and nonprofit corporation act did not reveal a requirement for secret ballots.
However, I may have missed something.
If the only requirement for secret ballots is contained within your governing documents, then providing the document is properly amended, the membership could do away with secret ballots.
The question I would ask at a meeting prior to the vote to amend is why is the change needed? and what harm is being done by keeping the ballots secret?
Note: there should always be a sign-in sheet at the general meeting to show who attended to cast votes. However, in my opinion, the votes themselves should be secret.
Keep in mind that I am not an attorney and I do not work in the legal profession. To know for sure if secret ballots are a requirement of law vs. a requirement of your governing documents, you should consult an attorney or read the statutes yourself.
A quick review of the Georgia condominium act, property owners association act and nonprofit corporation act did not reveal a requirement for secret ballots.
However, I may have missed something.
If the only requirement for secret ballots is contained within your governing documents, then providing the document is properly amended, the membership could do away with secret ballots.
The question I would ask at a meeting prior to the vote to amend is why is the change needed? and what harm is being done by keeping the ballots secret?
Note: there should always be a sign-in sheet at the general meeting to show who attended to cast votes. However, in my opinion, the votes themselves should be secret.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
In my association in Arizona we do not use secret ballots largely due to the fact that our members each have as many votes as the number of acres they own. We need to know the identity of the member to verify how many votes he may cast.
While there is some potential for retaliation against someone whose votes offend a board member, I am unaware of that ever happening. I see a greater potential for stuffing the ballot box when voters' identities cannot be confirmed, which is what you get with secret ballots.
While there is some potential for retaliation against someone whose votes offend a board member, I am unaware of that ever happening. I see a greater potential for stuffing the ballot box when voters' identities cannot be confirmed, which is what you get with secret ballots.
JerryD5 (Colorado)
Posts: 218
Posts: 218
Posted:
In our covenents, we only require secret ballots when having elections and only then if there are more than 1 person vieing for an open seat. For example: 3 people running for 2 open seats. When counting the secret ballots, the votes must be counted by someone not running in the election and overseen by a 2nd person (again, not one of the people running for a seat) to ensure an accurate count.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Maryann
Typically owners elect BOD Members (the Directors) then the BOD elects its own officers (BOD Officers) from among themselves. Generally not all BOD Members are BOD Officers but all BOD Officers are BOD Members. There can be variations such as an Officer not having to be an owner but they are not that common and you questions is about Secret Balloting.
In SC we do not use secret ballots to elect BOD Members. This does not say the BOD could not use a Secret Ballot to elect their own Officers. I have seen the Secret Ballot used by a BOD to elect its Officers.
Look at your docs to see if a Secret Ballot is required versus something that is just done for whatever reason. Typically voting will be covered in the Bylaws. Start there.
Hope this helps.
Typically owners elect BOD Members (the Directors) then the BOD elects its own officers (BOD Officers) from among themselves. Generally not all BOD Members are BOD Officers but all BOD Officers are BOD Members. There can be variations such as an Officer not having to be an owner but they are not that common and you questions is about Secret Balloting.
In SC we do not use secret ballots to elect BOD Members. This does not say the BOD could not use a Secret Ballot to elect their own Officers. I have seen the Secret Ballot used by a BOD to elect its Officers.
Look at your docs to see if a Secret Ballot is required versus something that is just done for whatever reason. Typically voting will be covered in the Bylaws. Start there.
Hope this helps.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Took another look at your subject line, Maryann. I don't grasp what you mean by "Can Owners be REQUIRED to vote away..." How would your HOA Board require any owner to vote in any certain way? Or to vote at all?
As Bob form "up north" says, this isn't N. Korea...
As Bob form "up north" says, this isn't N. Korea...
BobD4 (up north)
Posts: 1,002
Posts: 1,002
Posted:
Quote:
Posted By LarryB13 on 11/28/2014 6:27 PM
In my association in Arizona we do not use secret ballots largely due to the fact that our members each have as many votes as the number of acres they own. . . .
In my association in Arizona we do not use secret ballots largely due to the fact that our members each have as many votes as the number of acres they own. . . .
Our legislature also does not enact any "secret condo vote as of legislated right", deferring such if at all to onsite documents and whatever local common sense.
Larry B13 Arizona : Before I die, I hope to get to see in person a vote weighted by acreage or by jackrabbits per square foot or whatever or by how nice some one is/is not. Is your electoral entitlement sorted out periodically by land surveyors ? But on balance corporate shareholders do vote by class /amount of shares etc.
In 1998 our legislature - with bestest intentions - decided to create a special class of Director electable & unseatable ONLY by RESIDENT owners. ( think rented condos : dominated forever by offshore absentee owners with out of control tenants ). At AGMs the practical complications of this "election within an election", can be such that the provision has been targetted for repeal, but it is believed many condo corporations just totally ignored the electoral requirement.
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