successful process for mail-in ballots

Hi everyone. I like to get an insight how others are dealing with mail-in ballots. Over the past, our previous board never used them. I suspect it would be impossible to reach 67% membership approval for any amendments changes. It sure appears like that but I sure other board must address big-ticket items and outdated governing docs. I would like to know any successful procedures or recommendations to break such a barrier. Any advice would greatly appreciate it.

Jay, the first thing is to learn: is it legal for your HOA to use mail-in ballots?? You'll find this in your bylaws or in WA statutes.

If legal, there undoubtedly is a procedure you must use which would be in writing somewhere.

If legal, owners just mail the ballot to a specified place. But with all you seem to have on your plate, it seems to me that amending your bylaws or CC&Rs cannot be a priority.

We used mail in ballots/proxies with a client HOA which had not attained a quorum in a number of years. Mail in ballots and proxies are permitted in the association documents and by the state. Even so, we never attained a quorum until we implemented a very simple step: we placed a stamped self-addressed return envelope in the package.

We certainly did not get to 67% although we came close once or twice. However, we did meet the quorum requirement every time. When we began using electronic voting, it ratcheted the response the response up to 60%.

Duplicate post, my apologies

Thanks all. There is not stated in our bylaws or CCRs regarding Ballots. Bylaws only state proxies. I would assume they are the same. Please correct me if I am wrong.

Bylaws: Proxies-At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his residential lot.

That is the goal. So new to this, working on quorums, budget ratification, and then the big ticket items bylaw & CCR amendments. They are outdated (16 years old). Unfortunately, the past previous boards that served the past 16 years did not follow the formalities on what most are stating here. It was very informal, no robert rules, no formal agenda, and proxies were just mailed and no follow up on them. I am totally learning a lot from all you great people and thank you so much for sharing your experience with us newbies.

So back to the proxies. My action plan is to drop ballots with prepaid mailing envelop with their name and address, and proper ballot stating what needs to be voted. All the homeowner has to do is mail back the ballot with their signature with prepaid envelop. Any confirmation on this?

First, check your governing documents and applicable laws to see if mail in ballots are allowed. Some States do not allow them for HOAs.

thanks for the correction. this is all new to me. Kerry can you be more specific regarding what the homeowners fill out when they do the actual voting? I am assuming election board members or can this be anything like amendment changes to CCR. etc. If yes, then must be advance agenda on what needs to be voted beforehand or prefilled form options with the owners will just fill in. I never saw one before. This sounds like a valid solution to pursue.

I'll check with WA state laws if this is permitted. There is nothing stated in our governing docs in regards to ballots, just proxies. That would be an ideal way to go instead of moving a motion and doing discussion for big-ticket items that need to be repaired etc. Any take here.

Here is a document that you in running your HOA.

http://www.condolaw.net/uploads/-_2015_Handbook_for_Community_Associations_FINAL_9.16.15.PDF

IMHO, you need to seriously considering hiring "professionals" to help guide your community until you have a better grasp of the governance of an HOA.

thanks kerry, richard and john. I will consider your advice.

wow richard, that was a great link. they had a lot good subjects and best part, referencing wa state & federal laws. I really appreciate it.

Jay,

It won't matter what other Associations are doing regarding mail-in ballots.
What your governing documents and applicable statutes specify are the only thing that matters.

In lieu of a mail in ballot, you might want to try directed proxies. A directed proxy, similar to a general proxy, allows the member to identify someone to vote on their behalf at the general membership meeting but also directs the individual representing them to cast the vote a specific way.

General note: If you aren't getting proxies, you likely won't get mail-in ballots.