How to convince board to use our third party Inspector of Elections

Started by LeilaniL • 7 replies • 1295 views

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LeilaniL (California)
Posts: 47

Posted:

Our board has proven itself over and over again to be absolutely corrupt. The last election and attempt to recall the board saw exhorbitant fines, violations, and adoption of unreasonable rules that invalidated many people from nominating themselves and even from voting.

Now, another recall is underway and the board has agreed to hire a third party inspector of elections. HOWEVER, we know that Lordon Management company will find an inspector who will help keep the board in power. We actually have emails from our manager to another board suggesting she pick up ballots in order to keep a certain homeowner from getting on the board.

How do we homeowners help convince the board to use a trusted, public organization like the Women League of Voters instead of their chosen private party? What kind of legal language etc. would possibly convince them?

This is urgent as they will likely choose someone this week.

Thank you.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why a third party? Why not in front of everyone so members can review them? That is what they did when I fought a special assessment. I had them read the results in front of everyone and count them. Made sure they were ready for review too. Yes they did win. I had to give up that fight. However, it was later found out that the new board had lied to everyone when they gathered those votes. Apologies to me were quite abundant once the people found out. Their goose was about cooked till they changed the rules on preventing them from getting removed from office for 2 years. I had already left by then and just let the fish nibble at the bigger fishes till they got sick of the job... LOL!

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

What does this mean, Leilani?: "We actually have emails from our manager to another board suggesting she pick up ballots in order to keep a certain homeowner from getting on the board."

Does this email suggest your PM intercept ballots to keep them away form the inspector(s) of election? Can you meet with with your Mgt. Co. MC about this email? You with other can ask the MC to please attend this meeting

How many homes? How many directors are required?

some strategies, maybe I can think of more later.

1. Contact every owner you can and tell them to take their double-enveope sealed ballots to the meeting instead of mailing it. Are they supposed to be mailed to your PM?

2. If some cannot attend, offer to pick up their sealed ballots to bring to the meeting.

3. As you know, in CA, any owners may observe the opening and tabulating of the ballots by the inspector(s) of election.

4. Even if you are permitted to have a trusted org. open and count your ballots, the problem is who stores them until election night and your PM isn't trustworthy, right?

More later...I hope.

RichardP13 (California)
Posts: 3,868

Posted:

Leilani

First, do you actually have a physical copy of Election Rules, specifically for your association. If so, any of the new rules they created, were they done properly. There are instances where you may update the Election Rules without amending the Bylaws, BUT the exception MUST be fair and reasonable.

Currently, who is your Inspector of Elections and how many do you have?

I have seen elections where ballots must be received by the inspector by a certain date and time where they don't allow voting at the meeting.

Bottom-line, you have a corrupt Board and maybe MC. You are going to need outside help to break this up. This kind of behavior is what gives HOA's a bad name.

KerryL1 (California)
Posts: 14,550

Posted:

Perhaps you'll get more details from Richard, who is a property mgr. later, Leilani. Neither I nor our HOA ever has been involved in a recall, so I know little about them.

But Richard is right, your HOA should have Election Rules, which include some materials about recalls. CA has very specific rules about them too. Please visit Davis-stirling.com, Main Index, Recall elections for more.

So far as I know, the recall election must held in conjunction with an actual open meeting. Open forum also is required. The Board will have control of the meeting, so those mounting the recall only can speak during open forum. Even if somehow the Board could, as Richrd suggests, NOT hold a meeting, the ballots still mucst be opened and calculated in a place where Owners can observe this. the activity should be noticed in advance to Owners so they can attend the ballot counting.

If you have enough support, Leilani, you all might want to chip in together and hire an HOA attorney to look at your governing documents and advise you how to proceed to try to keep the recall honest.

LeilaniL (California)
Posts: 47

Posted:

Thank you all for replying. We do not yet have the inspector of elections chosen by the board and we actually do not have election rules in place as of yet. Probably they will send us some at some time but nominations must be sent in by 9/28 and the election is 11/11, yet we do not know for sure what the rules really are.

So if they have no election rules, then what happens?

There are two lawsuits already against the board and I'm thinking that to get them out once and for all, we just have to go through another fraudulent election and then go to court to get a judge to invalidate it and oversee a good election, which will cost thousands of dollars, but oh well. The board has already spent $200,000 in legal fees, so what's another $20k for them and $20k for us.

Does that sound like a reasonable plan? We will do what we can to keep it honesty, but they will not listen to our suggestions or threats. They have total authority and are using it.

The entire structure of how HOA leadership operates must be changed. One board with total judicial, executive, and legislative control just doesn't work, as it didn't in the Soviet Union, China, East Germany, Great Britain before 1800s, etc.

And there has to be a cheaper way to address the tyranny which runs rampant in such a structure. I'm going to post on this topic.

KerryL1 (California)
Posts: 14,550

Posted:

I did find a little time to try to address your topic, Leilani, and asked some questions. but you haven't answered any.

LeilaniL (California)
Posts: 47

Posted:

Quote:

Posted By KerryL1 on 09/12/2016 9:06 AM
What does this mean, Leilani?: "We actually have emails from our manager to another board suggesting she pick up ballots in order to keep a certain homeowner from getting on the board."

Does this email suggest your PM intercept ballots to keep them away form the inspector(s) of election? Can you meet with with your Mgt. Co. MC about this email? You with other can ask the MC to please attend this meeting

How many homes? How many directors are required?

Thank you for your suggestion Kerry. They are helpful. I am gathering all of the suggestions for the recall campaign to review and implement. Regarding your questions, we will present the email to the MC at the appropriate time. It is clear that she was taking actions to block one particular owner from getting on the board. I am not willing at this time to disclose the exact number of units or directors. But thank you for your replies. They are helpful.

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