HOA Election Fraud in Virginia

Started by TedH • 7 replies • 2187 views

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TedH (Virginia)
Posts: 7

Posted:

Virginia punishes forgery according to the kind of document involved in the offense.
In Virginia, a person is guilty of forgery if, with intent to defraud or injure someone, the person creates, alters, or knowingly tries to use any public record or certificate, bank note or coin, or other document that affects someone’s legal rights. (Va. Ann. Code §§ 18.2-168, -170, & -172.)
Our HOA management staff and couple board member running for re-election were involved in a making, altering,false writing, and using proxies to rig the board members election.

Isn't a proxy one of the document involved in the offense?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Why do I think the courts are not anxious to hear "another" HOA election case?

I could be wrong.

RichardP13 (California)
Posts: 163

Posted:

Voting Rights in HOA's and Voting Rights in Municipal Elections are two separate rights. A proxy is not a legal document the law in Virginia would refer to.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Ted,

perhaps, perhaps not. Per § 13.1-847.1 of the Virginia Nonstock Corporation Act an Association is limited on what they can use to reject proxies.

To prove election tampering would be to get copies of the proxies and then ask each member if they actually submitted them or not. If not, there is your proof.

Of course, it's unlikely you would ever be able to prove who created the fake proxies. You might, but I don't think it will be easy. Keep in mind that, per § 13.1-848, "Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this section is valid unless a court of competent jurisdiction determines otherwise. "

If you desire to contest an election, you should become familiar with § 13.1-861. Judicial review of elections.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Ted,

I suspect that this is a continuation of your previous thread titled "CRITICAL Election Fraud."

You never answer the questions posed on that thread. Are the proxies the source of the fraud you mentioned in that post?

Additionally, as asked in that thread: Since you said that the Ombudsman is out of the question, have you previously brought the issue to them? If you did, what did they say?

You also had a thread titled HOA Board special Executive Session meeting in Virginia. In that thread, the Board was getting together to discuss "legal issues." Were the legal issues regarding the proxies?

Has legal action been brought to challenge the election?

TedH (Virginia)
Posts: 7

Posted:

HOA Absentee homeowners exercise their statutory right to vote using these proxies to elect member(s) on the board. So you are saying because a proxy is not a legal document, then there is no law in VA or anywhere in this land that protects it. Anyone can commit forgery with these proxies and rig the election and it's OK.

If the election of the HOA board members are not protected by any laws, so why do we need an election? why do we need board members? or why do we need HOAs in the first place? It just does not make any sense to me.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Ted,

I believe that what John is saying is that a proxy might not be considered one of the documents under that criminal statute.

You have never answered any of the questions asked of you in your threads. This is certainly your choice. However, you may get better or more direct advice if you choose to answer those questions.

TedH (Virginia)
Posts: 7

Posted:

Hi Tim,
Sorry for the delay. I posted the answers to the questions just yesterday.

As always, thank you for your support!
You are correct,a legal representation is necessary to resolve this matter with the HOA.

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