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IslamM (Florida)
Posts: 67
Posted:
We are an HOA in Florida some members don't trust our Maintenance Company she is buddy buddy with the Board members that many are not happy with, elections are close, and we would appreciate any suggestions what or how to avoid vote fraud, see majority of our members live out of State so their votes go to the Maintenance Manager, with an envelope inside that will be open the day of the election? anybody has experienced something similar? And advise us how to handle it without conflict or how to avoid vote fraud. Thank you!
SheliaH (Indiana)
Posts: 6,964
Posted:
Please use periods - much of this is a run on sentence and hard to read!

Now, then - the maintenance company works for the board, not the other way around, so what do you mean by "buddy buddy?" Be specific - has the board made decisions simply because the property manager suggested it? Were those decisions in the association's best interest? If not, do you have specific reasons as to why?

Regarding the election, just because an election is close doesn't mean voter fraud. Since most of the homeowners are out of state, it's ok for the envelopes to be sent to one location and then opened at the meeting in front of everyone. If that makes you nervous, another option might be to set up a post office box that's only accessible to the board. Every day or every few days, a designated board member would be accompanied by a homeowner (not on the board, but who has been appointed as an inspector) could collect ballots from the box and them store them at the property manager's office or perhaps at the home of another homeowner-inspector. Every day, do a count as to how many were received and then count them again at the annual meeting.

If your documents state that only homeowners who are current with their assessments can vote, the first thing they could do is check the ballot against a list of current owners - if you're not listed, your vote won't count.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
IslamM (Florida)
Posts: 67
Posted:
Thank you for your advise. Buddy, buddy meaning he only communicates with her not the Board President, she is the treasurer and has been the President for the last 4 years. All the repairs done by his people do terribly work, she is out of State Board member that instead of listening to the owners that live all year round, she signs the check, approves it as completed, saying they did a great job, ignoring any comments or advise, does not get other bits, so presently we have three big issues, terrible grass and landscape maintenance, recent expensive building paint work already pealing, a downspout work to improve flooding issue that worsen after repaired, all this expenses and she continues to approve? You will ask what are the rest of Board members doing,? well like most 55+ Fl Hoa's majority of the Board members reside out of state, nobody runs for the board, are ill, or old they can't and if they are chosen just to fill the position so they always vote on their favor. This is the only reason we are concern because finally some owners got together and will be running for the next election something the Manager knows he will be out the door as soon as she is out. Please be patient with my terrible writing skills is my second language and trying hard.
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, you can’t really blame the property manager from doing whatever if the board doesn’t keep him in check. The rest of the board should insist on staying in the loop and if this treasurer isn’t sharing the information, perhaps they should remove her from that position (the homeowners themselves will need to vote her off the board if that’s appropriate).

Speaking of the homeowners, EVERYONE, whether they live in state or not, are responsible for keeping the board in check. They don’t like what’s going on, vote that board out and put in people who will do what you want. You don’t offer to run or at least help out the board by working on a committee or special project, well you probably get what you deserve. Sounds harsh, I know, but that’s the way it is.

Yes, I know you said most of the homeowners are out of state, but ultimately they’re responsible for their home, so if they don’t have a way to keep tabs on it, frankly, that’s their problem. When you have a home out of state, common sense should dictate that you should have a trustworthy local person stop by the house every once in a while to see what’s going on. We have a lot of out of state homeowners in my townhouse community and many hire their own property managers to keep tabs on the tenants. I do sympathize with those who have health issues, but then again, given the stress of homeownership on or out of an HOA, it may be they need to decide if they really have the time, energy and resources to take care of an out of state home properly. In the end, no one looks out for your interests better than you.

It sounds like some of the homeowners are beginning to wake up, as they’re running for election – I hope they’re the locals and if so, I hope you plan to vote for them. Maybe you should even consider running yourself, or at least offer to help them should they win, perhaps looking around for new service providers for the maintenance.

You will also need to have a plan on dealing with the property manager – I would start with his/her supervisor and have a sit down to discuss some of your concerns. Come up with a plan of action on when those issues must be addressed to the association’s satisfaction and if it isn’t done, you know you’ll need to look around for new management. As I said in another post on the subject, this doesn’t happen overnight – you need to determine what you want the property manager to do, do some due diligence in checking their references and background, and then prepare a transition plan to turn over the current operations to the new company.

You may also need some sort of audit to ensure all the records are complete and in order and all bills paid so you have a clean break. Yes, you’ll need the association attorney to help guide you through all this and if most of your homeowners live out of state, it may be that some of them are going to have to prepare to spend some time in the state until this is completed.

As for your spelling, I do understand English can be a challenge (some of us who grew up speaking it still have issues!) Here’s a tip one of my teachers taught me years ago. When you write something, read it out loud and see how long you can go before you have to catch your breath. The spot where you stop is probably where you need to add a period. Keep one fact or thought to a sentence – don’t try to jam a bunch of them in one setting. Paragraphs should be limited to one idea.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
IslamM (Florida)
Posts: 67
Posted:
SheliaH

I appreciate your advise, you are totally right! And yes I am planning to run, so is a new member, but our concern is not trusting the old Board and Maintenance Company, at the time of voting, since they been ruling for years. Thanks for the punctuation advise.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I want to just point out something in general about board relationships. People are always posting "This board member or officer is Buddies with this contractor" etc... What would you want them to be with a contractor? Enemies? Rude and mean? PROFESSIONAL relationships are to be cordial and open in communication. It's also to be disclosed if there are any conflict of interest situations. Which sometimes that conflict of interest situation is ACCEPTABLE as long as it is known and agreed upon. It may be the President's Father in law is the only contractor in 30 miles that does that kind of work. Does that mean the HOA can't hire them?

I don't think being friendly, family, or previous relationship with a contractor is the basis of distrust of a board. If it's disclosed and known, then it's what it is. When I hire contractors to do work I want them to be someone I can have a good working relationship with. If you want to call me "buddy buddy" because I am communicating to a contractor that happen to know, then so be it. It's a small town and we are going to know someone. Plus it's NOT my decision to be in that contract. In our HOA it's open for anyone to submit a bid as long as licensed/insured. We the board pick the best bid out of the 3 submitted. It can even be a HOA member if they are qualified. Not going to eliminate the best bid because they are a HOA member. That makes not business sense.

Former HOA President
IslamM (Florida)
Posts: 67
Posted:
Melissap1;

We are talking two different languages? If you can't understand my language don't respond! Sorry but your tone is the typical negative know it all defensive when you don't even understand the question. But thank you for your time anyway
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I was not being negative and was talking in general terms. It was you that was bringing up that your against a person because you perceive them as "Buddy buddy" with the MC. I am just pointing out the fact that the same will be said about you or anyone else who gets on the board when they deal with any contractors. Be ready for the criticism before you put that criticism on someone else.

You run for the board and get the votes you win. You don't get the votes and lose... It doesn't mean a crooked board was in place. It could mean no one supported your point of view. Which is to represent theirs.

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

I take that you mean management company when you say maintenance company (as management company is the term typically used).

From what you describe of the voting process, it sounds fair and correct. To prevent fraud, ask to be an inspector for the election or to simply view the process. This way any irregularities will be seen.

If you are not on the Board, there is little you can do about the relationship between the MC and your Treasurer.

If you are on the Board, you can instruct the MC to only speak to one person but that can make it difficult as it's easier to talk with specific persons for specific issues (talking directly to the Treasurer over assessment issues as an example). I would suggest creating an Office for maintenance and assigning someone as the Associations Maintenance Officer. That individual would be responsible to oversee the maintenance issues and be the liaison between the contractors and the Association. They would also be the final say on if the job is done correctly or not (however, it appears that this is part of what you are paying an MC for).

KerryL1 (California)
Posts: 14,550
Posted:
I think Tim's right. what your HOA has is a Management Company (MC). And it seems that MC is responsible for maintenance like landscaping and certain repairs. So the MC supervises the various people who work at your HOA. Is that right?

Does the MC have someone who works at your HOA every day? Or maybe several hours a week? A Property Manager (PM)?

ELECTION: Laws are different in different states. In California (CA), my state, the ballot envelopes must be opened at the Annual Meeting (the elections meeting) by certain people called the "inspectors of elections." I believe you have them in FL too, right? If you do, have they been chosen yet? by whom?

Anyway, I think your state also allows Owners to watch the ballot envelopes being opened and the ballots counted (tabulated). So make sure that you and other Owners who want change to happen to watch the ballot opening and counting.

How many homes are in your HOA, Islam? How many are on the board of directors? How many openings are there on the Board this election?
KerryL1 (California)
Posts: 14,550
Posted:
I think Tim's right. what your HOA has is a Management Company (MC). And it seems that MC is responsible for maintenance like landscaping and certain repairs. So the MC supervises the various people who work at your HOA. Is that right?

Does the MC have someone who works at your HOA every day? Or maybe several hours a week? A Property Manager (PM)?

ELECTION: Laws are different in different states. In California (CA), my state, the ballot envelopes must be opened at the Annual Meeting (the elections meeting) by certain people called the "inspectors of elections." I believe you have them in FL too, right? If you do, have they been chosen yet? by whom?

Anyway, I think your state also allows Owners to watch the ballot envelopes being opened and the ballots counted (tabulated). So make sure that you and other Owners who want change to happen to watch the ballot opening and counting.

How many homes are in your HOA, Islam? How many are on the board of directors? How many openings are there on the Board this election?
SueW6 (Michigan)
Posts: 814
Posted:
Before the meeting and any vote is taken, the Board can appoint a "Teller" - a non board member who is a trusted member of the HOA - who will count the votes and open any envelopes and count those also in front of another witness (or two) in a side room.

The results are given to the President who then announces the results of the vote or election.

Approach the board and suggest that a "Teller" be appointed BEFORE the meeting.

KerryL1 (California)
Posts: 14,550
Posted:
Islam, it could be that Sue's suggestion is fine in Michigan, but FL has different election rules for condos and for detached homes, you need to abide by FL laws and your own HOA bylaws.
IslamM (Florida)
Posts: 67
Posted:
TimB4

Thank you so much! You answered my two main concerns, the maintenance issue, and voting process.

Very wise advise assigning a Maintenance Officer, we have owner residents that would gladly participate, thank you!

And I can ask to be an inspector for the election, this way we all feel be more comfortable with the results, thank for sharing your time and experience to help others.

.
SylviaV1 (California)
Posts: 9
Posted:
Since you seemed to be knowledgeable about the election process, I have a question that I hope you can answer. Our HOA Condo complex in California consist of 265 individually owned investors. Some owners may own 8-9 units and during the opening of the ballots I happen to notice that one envelope being opened was being counted for 15 votes towards a candidate. I am not on the Board but I do know from a list who the owners are in this complex and no one person owns 15 units. Can you tell me if returned ballots should count as 1 towards a candidate and disqualify any other number.
KerryL1 (California)
Posts: 14,550
Posted:
Far better, Sylvia, to start a new thread as CA is very different than FL.

In your new post, tell us whether cumulative voting was used at your election. that could explain all of those votes. Also tell us how many seats on the Board were up for election.

finally, CA requires a documents called Election Rules. Do you happen to know if your HOA has such a document?

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