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PattyB1 (Kentucky)
Posts: 40
Posted:
I have been VP of our HOA for the past year. We have elections coming up this Sunday(June3)and I'm running for President. Our Bylaws say you must be a homeowner and current with your dues in order to run for an office or vote.Any suggestions on how to make sure that only the above is casting a ballet?Pattyb1
MindyR (North Carolina)
Posts: 47
Posted:
I can tell you how our Board handles our election......I'll ask for others to offer advice as well, I'm not sure if our board is running by the books. But this does seem to work well. To start we are a small newer HOA with 42 homes, I think we are going into our 4th fiscal year.
Usually about a month before our Annual meeting, a Nomination committee is formed. The nomination committee is suppose to be the only ones to see nominations and votes. So each household fills out a nomination form, and at the bottom you must list your name and house number. This way once the committee receives the nominations they can check to make sure each home is in good financial standing. They will then contact those who are nominated and make sure they are willing to run. Once they have a final ballot they put out the ballots, each home votes, again listing name and house number. Then at the annual meeting the new board is announced. We have been doing this for the past 2 years, and it seems to be worked well.

I'd also appreciate others sharing how they operate elections.

Thanks,
Mindy
PattyB1 (Kentucky)
Posts: 40
Posted:
That is a great suggestion, thank you.If I'm elected,that's something we'll consider for the next time. Patty
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Patty:
As the VP on your HOA Exec. Board, you would certainly be privy to financial records and to those homeowners who are not current with their dues. Prior to June 3, review records and note those owners in arrears.

If you are going to use written ballots, have space for residents house number/name. If a ballot is cast from an owner in 'violation' of unpaid dues, this ballot is removed from the presented ballots and not counted.

You would be well to announce at the meeting, prior to the vote being cast, that according to your 'covenant/bylaws' (read section aloud...) anyone who is in violation with unpaid dues, cannot vote or run for office.

RogerB (Colorado)
Posts: 5,067
Posted:
Patty, you can create a list of members in good standing and check that candidates and voters are on the list. Or with accounting software peachtree, which we use, it is easier to create an accounts receivable aging list. We use it and list only property ID.
BobM5 (California)
Posts: 34
Posted:
If you're in California, the Davis-Stirling Act was recently revised to include detailed instructions on the conduct of elections which must be followed. If you're not in California, Google the Davis-Stirling Act and use it as a guide.
GloriaM (North Carolina)
Posts: 829
Posted:
Patty:

At the annual elections have a sign in sheet so you can make sure you meet the quorum. Also collect all proxy ballots, use the sign in sheet and match it up to the deliquency list, proxies and the Owners present.

Once the voting takes place you match it up and remove the delinquent voters if they cast their vote or proxy.
MaryN (Virginia)
Posts: 125
Posted:
If you live in the state of Virginia I believe a written notice, 14 days prior to removing any rights, must be given to any property owner considered not in good standing. This enables that property owner the opportunity to obtain counsel and be heard before a board. Oral notice is not considered sufficient. If an owner is not in good standing(unpaid dues)and they wish to run for office and they have not been notified in writing, with a 14 day notice, they should be on the ballet. The same goes for voting.
MB
MaryN (Virginia)
Posts: 125
Posted:
If you live in the state of Virginia I believe a written notice, 14 days prior to removing any rights, must be given to any property owner considered not in good standing. This enables that property owner the opportunity to obtain counsel and be heard before a board. Oral notice is not considered sufficient. If an owner is not in good standing(unpaid dues)and they wish to run for office and they have not been notified in writing, with a 14 day notice, they should be on the ballet. The same goes for voting.
MB
KevinK5 (California)
Posts: 64
Posted:
Our ballot process requires mailed-in ballots to be inside an outer envelope that contains the members name, address, and signature (a proxy). Only valid ballots are accepted.
At the meeting when we have the election members must sign in and are given a ballot when they are verified to be eligibale to vote.
This is assuming you have access to up to date records to compare against.
SwanB (Washington)
Posts: 199
Posted:
I will explain how our Board elections are handled but they do occur during our annual general meeting which are mandated by our Bylaws. Each member has one vote and a member is clearly defined in our Bylaws; broken down from multiple owners of a lot being given one vote between those mutliple members; married couples receive one vote between them.
The voting member also has to be in 'good standing' as accorded by our Bylaws. This means they must not owe any money to the HOA i.e paid up on their dues and/or any fines or fees incurred in the past 30 days.

As Secretary of the Board I create and maintain a Certificate of Record listing all our members, their lot numbers (parcel numbers from County Assessor's site), current address and phone number. This is maintained on our office computer. From this list I create a 'sign in' list for our Annual General Meeting in alphabetical order so members who own multiple lots have those lots clumped together, etc.

Our Bylaws allow proxy voting. The proxy document is embossed with our official HOA stamp and goes out 30 days before our AGM in the mailing packet along with the AGM agenda, nominations committee information, proposed budget, financial statements, proposed Bylaw amendments.

These proxys must be turned into the Secretary at sign-in and before the start of the AGM for them to be considered valid for the AGM voting.

At sign in for the AGM each voting member is given a voting packet which includes a written ballot with room for floor nominations. During the point in the meeting set by the agenda the members will vote for the Nomination Committee's recommendations (those members who have shown an interest in running or been solicited to run for a Board position) or for any floor nominations. The ballots are passed to two ballot counters and the tally occurs and the vote turned into the Secretary and announced at the meeting.

All of the ballots are preserved until the next AGM in case there any questions or conflicts with the election results.
We maintain the records for one year because the membership votes on the minutes of the previous year's AGM minutes at each AGM, thereby, finalizing those actions.

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