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DavidB43 (Indiana)
Posts: 16
Posted:
Why cant the Board review and audit election ballots? The Management Company whisked them away, and a couple of us would like to review them. Is there a procedure to do this? Can we just go to the Management Company and demand we be given the ballots?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Board members have a right to see all association records.
Members have a right to see most association records.

Remind the MC that they work for the Board and the Board desires to review the records of the Association regarding the last election.
NpS (Pennsylvania)
Posts: 4,216
Posted:
The board should be able to review and audit election ballots - UNLESS - your homeowners have an EXPECTATION of privacy in their votes. (Some might be concerned about retaliation.)

Best solution might be for the board to have the ballots reviewed by an independent third party - who would not report back to the board on the individual votes of the homeowners.

Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Most votes for elections are by secret ballot.

Secret ballots would not have a name on the ballot itself. Therefore, there would be no expectation of privacy. Even with a directed proxy, since the proxy form is delivered to the Association and becomes part of the Associations files, there is no expectation of privacy.
NpS (Pennsylvania)
Posts: 4,216
Posted:
We use the same form for proxies and ballots. They include homeowner names.

Been doing it this way for a very long time, so no expectation of privacy.

If election is by secret ballot, then all you get to see at the MC's office is a bunch of forms with no showing that these were the actual docs used in the election. With secret ballot, Would have been better to have independent review at time of election, not later.

Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NpS on 05/01/2016 9:23 AM

If election is by secret ballot, then all you get to see at the MC's office is a bunch of forms with no showing that these were the actual docs used in the election. With secret ballot, Would have been better to have independent review at time of election, not later.

That would depend on how the election is ran.

In our Association, there is a sign-in sheet where members and proxy representatives sign. This indicates the max number of ballots that would have been received (max number as some may show who have had voting privileges revoked (which is also notated with the documents)).

Every ballot issued is signed by the Association Secretary and the election official manning the sign-in table at the time it is issued. Additionally, the ballots are printed on a different color paper.

The ballots are counted in the same room as the meeting (done during the open forum portion of the meeting). This allows anyone who desires to observe to do so. The Ballots are counted twice (by two different individuals). The tally sheet is also part of the Association records and are kept as part of the minutes (along with the sign-in sheet, proxy forms and ballots).

Therefore, there is a way to track if you are a ballot short or not and, unless there is collusion between the Secretary and election official, a way to identify if the ballot is official.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Nice controls Tim.
OP's board probably wouldn't have issues now if process like that was in place.

Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
In CA, all ballots may be reviewed by any Owner upon written request to, in our caae, the property mgr.

This is both in our HOA's bylaws and in CA statutes. What do yours say, David? As a director it's a very good think if you learn about this important matters.

We do have secret ballots in CA, and no one uses proxies anymore because owners can vote by mail. It's a double -envelope system so no one know who voted for whom.
DavidB43 (Indiana)
Posts: 16
Posted:
Thank you everyone.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NpS on 05/01/2016 9:37 AM
Nice controls Tim.
OP's board probably wouldn't have issues now if process like that was in place.

Perhaps the current board could adopt all or some of those procedures.

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