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MikeW16 (Michigan)
Posts: 14
Posted:
Our board recently held an election where there were 3 tie (in person vote counts) Since things were getting heated and time running over, our president recommended that we continue the vote over email. Present members agreed - the next morning we were greeted by an email that said the board members recounted the votes and the incumbent folks won. It should also be noted that the board's meeting minutes state clearly that the vote was to be carried out over email.

Is this legit? What recourse would members have?
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By MikeW16 on 01/11/2016 8:55 AM
Our board recently held an election where there were 3 tie (in person vote counts) Since things were getting heated and time running over, our president recommended that we continue the vote over email. Present members agreed - the next morning we were greeted by an email that said the board members recounted the votes and the incumbent folks won. It should also be noted that the board's meeting minutes state clearly that the vote was to be carried out over email.

Is this legit? What recourse would members have?


"We re-counted and we won" stinks as an explanation. IMO, the candidates who were not elected had every right to a recount that was inspected by an independent third party. Probably too late for that now.

Recourse: Demand a new election - which is essentially what was decided during the meeting. A decision to continue the vote by email is IMO a call for a new election.

Sikubali jukumu. Read all posts at your own risk.
SheliaH (Indiana)
Posts: 6,964
Posted:
What NpS said. When the president made this suggestion, why didn't anyone ask who would monitor this voting by email to ensure the results were fair? If the board members were recounting, that smells of a conflict of interest to me. Next time, speak up!

I notice you have three questions on this board where you've asked "is this legit?" Since we aren't attorneys, the first place you should check are your documents. If your documents don't specify how elections are to be held, such as what happens in place of a tie (check your Bylaws), your association may need to establish some procedures and vote on them, so the bylaws can be updated.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MikeW16 on 01/11/2016 8:55 AM

What recourse would members have?

Ask to review the associated documents with the election:

Sign-in sheet
Proxies
Ballots
Tally Sheet
etc.
GenoS (Florida)
Posts: 4,276
Posted:
Sure, because getting the meeting over with is more important than buckling down to sort out the results of an election. I would be tempted in such case to bar the doors like the Sistine Chapel and nobody leaves until the results of the voting are announced.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By GenoS on 01/11/2016 12:24 PM
Sure, because getting the meeting over with is more important than buckling down to sort out the results of an election. I would be tempted in such case to bar the doors like the Sistine Chapel and nobody leaves until the results of the voting are announced.

potty breaks?

Sikubali jukumu. Read all posts at your own risk.
BobD4 (up north)
Posts: 1,002
Posted:
whats it like to wonder if the tie vote was broken by a cat or someones child or visitor É
KerryL1 (California)
Posts: 14,550
Posted:
Is email voting for HOA directors even legal in your state, Mike?

Aren't HOA members allowed to observe the tabulation of a ballots in your state?

Shouldn't ballots be counted at a duly noticed meeting??

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