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RichardD (North Carolina)
Posts: 66
Posted:
We have an 86 patio styled homes condo association in NC. Recently we got a new management company. By their rules everyone was required
to sign a proxy ballot to vote for directors and adopt the budget at our annual meeting. All the voting, tabulation of ballots etc was handled
entirely by the management. In the past we had passed out ballots at the meeting (except proxies of members that could not attend). These
ballots were unsigned, collected and counted by usually 3 tellers selected by the board.
My problem with the current management method is that we have to totally have faith in their count, and if we desire a recount, we still have to take
their word because they will not allow any owner to see the ballots.
I am requesting opinions and suggestions from this board of experts about the above procedure.
Thanks in advance.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Sounds like time to define the lines between Management company and HOA. The MC is a hired contractor hired by the HOA to handle certain business. I would ask to review their contract to see what you are all paying them for. This maybe crossing the line unless this is a court appointed receivership situation. It may be time you and your fellow owners redefine the process and position.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Richard,

It sounds like the MC was using Directed proxies (which is as close to a ballot as you can without being a ballot).

Directed proxies identify someone to cast a vote on your behalf but directs them to cast it a certain way.

Proxies must be signed to be valid.

Ballots are part of the official documents and, as such, members typically have a right to review (keep in mind reviewing is not the same as having them give you copies) them.
You may have to send a letter requesting to exercise this right.
When sending such a letter, cite applicable sections of the governing documents and applicable statutes.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Are they not allowing the board to see the proxies (the board members are often owners)? If so, the board needs to let them know very clearly who is in charge of the HOA. If you are referring to non-board owners, then Tim's advice is spot on.

Escaped former treasurer and director of a self managed association.
RichardD (North Carolina)
Posts: 66
Posted:
In our case only owners are board members. I wanted other opinions on this issue, because I have reservations about conducting
an election in this fashion. Our MC is very large and only 1 person is assigned to our association. Look at an example:
If the manager has had troubles with Owner X, and then owner X decides to run for a seat on the BOD. What's to prevent
the manager from tampering with some of the proxy ballots and noone would ever be the wiser.
The ballots are never shown to the board or owners because they are all signed and therefore considered confidential.

By-the-way thanks for the responses.
LarryE3 (Colorado)
Posts: 39
Posted:
Agree with Melissa and Douglas. Does your ByLaws or CCRs outline how voting is/may be conducted?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Richard

We are 113 patio homes in SC. We allow our PM to act as our election committee and vote counter with oversight of our BOD. Any system can be "rigged' when one (BOD owners, PM, ect.) has larceny in their heart, especially the BOD who is the eventual controller.

If you have issues, the responsibility is your elected BOD. If you think there is an issue, throw the bums out.

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