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PeterM10 (Arizona)
Posts: 1
Posted:
Can the Board of Directors in Arizona deny a candidate, running for office, the results of the count. I ran and the board voted not to release the numbers. The manager of the association advised me of the board decision when I inquired to find out how many votes that I received.
TimB4 (Tennessee)
Posts: 21,061
Posted:
The Ballots would be part of the Association records.
The count should have also been included in the minutes.

Typically an individual has a right to view the records of the Association.

Make another request, politely and in writing, that you desire to review the records of the Association, specifically those documents associated with the election. Specifically the ballots, proxies, membership list and tally sheet. Cite the applicable section of your governing documents and the applicable section of any Statute.

AZ statutes would most likely be:

33-1805 Title 33 - Property, Chapter 16 - Planned Communities, Article 1

33-1258 If your in a condominium Title 33 - Property, Chapter 9 - Condominiums, Article 3

10-11602 Title 10, Chapter 39 (applicable if your Association is incorporated as a non-profit - most are but check to be sure).

Example of letter:

Dear Sir,

In accordance with Article [number] of our [name of document/s], Arizona Revised Statute 33-1805 and Arizona Revised Statute 10-11602, I am exercising my right as a member of the Association to inspect the records of the Association relating to the election of the Directors held at a meeting of the membership on mm/dd/yyyy. The specific documents I desire to inspect are:

The membership list used for voting
The Notice of the meeting
Proxies
Ballots
Ballot Tally sheet
Draft minutes of the meeting (note, this may or may not be possible)

The reason why I desire to inspect the records is questions of validity of the election due to the refusal of the Board to release the vote count.

I would like to inspect the records on or before mm/dd/yyyy

NOTE: per the corporate statute, this request must be received at least 5 days prior to the date of viewing. Therefore, I would suggest picking a day about 10 days out.

I'd suggest sending it certified to the registered agent with a copy to the MC and each board member.
TimB4 (Tennessee)
Posts: 21,061
Posted:
One more thing.

The Association may be able to charge you for the time of someone supervising you to look at the documents. Therefore:

1) Make sure you read and understand the actual statutes
2) You are implying that the election wasn't proper - hence expect some push back
3) Make sure you desire to do this - that is, how important is this issue to you?
It may be best to gather more support and use the failure to release numbers as a rally cry for that support.

Another option (instead or in conjunction with the letter) is to gather friends and have everyone show up at the next board meeting. During the open session, have everyone ask for the numbers (i.e. show the Board that the membership wants this information, not just you).
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By TimB4 on 05/11/2015 12:23 AM
The Association may be able to charge you for the time of someone supervising you to look at the documents.

No, per ARS 33-1805 the association cannot charge a fee to review the records and may charge a maximum of 15 cents per page for copies.

Full text:

33-1805. Association financial and other records

A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative. The association shall not charge a member or any person designated by the member in writing for making material available for review. The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records. An association may charge a fee for making copies of not more than fifteen cents per page.

B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following:
1. Privileged communication between an attorney for the association and the association.
2. Pending litigation.
3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1804.
4. Personal, health or financial records of an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.
5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.
ThomasD2 (California)
Posts: 208
Posted:
Quote:
Posted By TimB4 on 05/11/2015 12:16 AM
The Ballots would be part of the Association records.
The count should have also been included in the minutes.

Typically an individual has a right to view the records of the Association.

Make another request, politely and in writing, that you desire to review the records of the Association, specifically those documents associated with the election. Specifically the ballots, proxies, membership list and tally sheet. Cite the applicable section of your governing documents and the applicable section of any Statute.

AZ statutes would most likely be:

33-1805 Title 33 - Property, Chapter 16 - Planned Communities, Article 1

33-1258 If your in a condominium Title 33 - Property, Chapter 9 - Condominiums, Article 3

10-11602 Title 10, Chapter 39 (applicable if your Association is incorporated as a non-profit - most are but check to be sure).


My own HOA is dreadful, when they would not forward minutes I filled a business complaint at the CA State Attorney General's office. As is always the case with public agencies, the office wrote a letter sternly reminding me that they would not involve themselves with enforcement of HOA law. But they did offer to write a letter. It did the trick and now the board smugly loves to advertise the availability of meeting minutes. The minutes always include any record of voting. Hardly matters since there has not been a board meeting in a year and a half. A record of votes is something I think you can obtain with a little pressure, no one has to expend an enormous effort to forward them.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By BobbiD on 05/11/2015 1:24 PM
My response would be stop being such a bitter whiner. You're already a loser so why pile it on? In all honesty they probably kept them from you to avoid embarrassing you.

If I was the admin of this site I would put you in timeout for that comment. Here's a friendly tip: don't post when you're drunk. You come to regret it.
ThomasD2 (California)
Posts: 208
Posted:
Quote:
Posted By BobbiD on 05/11/2015 1:54 PM
I'm the president of the Western Estates Homeowners Association. How dare you talk to me like that, how dare you? You know what, I bet my husband Steve could kick your ass. Put me in timeout? My husband is the only one who can do that, when I've been very, very naughty. You need to keep your comments to yourself, I was going to call you "sir" but my better judgement kicked in and I'll call you what you are instead. Animal.

What the hell?

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