AlexM1
Posts: 286
Posts: 286
Posted:
We recently held our annual BOD elections. One irate owner is demanding that we make all votes known and she is going to the management office this coming week to find out who voted for who. Is this legal?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Voting at the Yearly BOD elections
Started by AlexM1 • 5 replies • 995 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
KerryL1
Posts: 14,519
Posts: 14,519
Posted:
Well, do you secret ballots in OK HOAs? Or not?
In CA, owners can examine the ballots after an election but there are no identifiers on them because they are secret; so no one would known who voted for whom.
In CA, owners can examine the ballots after an election but there are no identifiers on them because they are secret; so no one would known who voted for whom.
JanetB2
Posts: 4,213
Posts: 4,213
Posted:
Kerry hit the nail on the head ... it would depend on your documents and / or state laws. Many states require secrete ballots, so who voted for who would not be available. Consider ... does the owner think they could go to their local voting office and see records regarding who voted for who in their local government or national election. Of course not ... the reason most voting is confidential is so that voters do not have to fear repercussion from other neighbors or citizens on who they voted for or why.
GeorgeR8
Posts: 182
Posts: 182
Posted:
For us votes for people are secret anything else isn't.
LetA
Posts: 2,670
Posts: 2,670
Posted:
Same here in Nevada. No names other than the candidate. Even the return address field is that of the CM office. Ballots are sealed in a blank envelope.
owners may inspect the ballots, I don't know what more they want.
owners may inspect the ballots, I don't know what more they want.
TimB4
Posts: 20,986
Posts: 20,986
Posted:
Typically, the voting info is part of the Association records and allowed to be viewed by members.
The members should be able to inspect:
List of members eligible to vote
Sign-in sheet
proxy notifications (if used)
Physical Ballots
Tally Sheet
I did not find any requirement for a secret ballot within the corporations code (but I may have missed it).
If there is a requirement for secret ballots and the Association failed to provide secret ballots, that is an issue. If there is no requirement for secret ballots, and the Association chose to identify ballots with names, then that is also on the Association.
Bottom line, any member should be able to view the above records regarding elections (at least that is my understanding)
The members should be able to inspect:
List of members eligible to vote
Sign-in sheet
proxy notifications (if used)
Physical Ballots
Tally Sheet
I did not find any requirement for a secret ballot within the corporations code (but I may have missed it).
If there is a requirement for secret ballots and the Association failed to provide secret ballots, that is an issue. If there is no requirement for secret ballots, and the Association chose to identify ballots with names, then that is also on the Association.
Bottom line, any member should be able to view the above records regarding elections (at least that is my understanding)
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here