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Board Member Voting

Started by AlexM1 • 10 replies • 922 views

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AlexM1 (Oklahoma)
Posts: 287
Posted:
How is this handled in other Associations. Lately, here, when we voted for HOA Board members, one of the owners went to the Management office to find out how each owner voted. It has caused a horrific situation that do not believe we can recover from. That person who went to the management office spread the word and has caused an irrevocable situation . How has other HOAs handled this?
ArtL1 (Florida)
Posts: 140
Posted:
Your bylaws don't specify that directors are elected by secret ballot? If they do, the management company should not have provided anything more than candidate vote totals.
KerryL1 (California)
Posts: 14,550
Posted:
Are you saying, Alex, that voters sign their ballots??? They are not secret? How are ballots counted/tabulated to see who's elected in your HOA?

As Art asks, what DO your bylaws say??? If your bylaws are silent, what do your OK laws say??

When, as a director, will you ask the manager why they revealed who voted for whom?
KerryL1 (California)
Posts: 14,550
Posted:
Are you saying, Alex, that voters sign their ballots??? They are not secret? How are ballots counted/tabulated to see who's elected in your HOA?

As Art asks, what DO your bylaws say??? If your bylaws are silent, what do your OK laws say??

When, as a director, will you ask the manager why they revealed who voted for whom?
AlexM1 (Oklahoma)
Posts: 287
Posted:
Owners sign their ballots so anyone can go down to the management office and find out who voted for whom. This has created all sorts of conflict....conflicts that will not easily be washed away.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By ArtL1 on 02/23/2018 3:53 PM
Your bylaws don't specify that directors are elected by secret ballot? If they do, the management company should not have provided anything more than candidate vote totals.

If secret ballots are used correctly, the MC would have no way of knowing how anyone voted and would have nothing but the totals.

Alex, I would suggest reading your governing docs and say if balloting should be secret. If so, the ballots should not be signed. Signed outer envelopes can be used instead, for example.
Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
As always to you, Alex, what do your bylaws say? What is your manager's understanding about what your bylaws say?
ArtL1 (Florida)
Posts: 140
Posted:
Quote:
Posted By DouglasK1 on 02/23/2018 6:51 PM
Posted By ArtL1 on 02/23/2018 3:53 PM
Your bylaws don't specify that directors are elected by secret ballot? If they do, the management company should not have provided anything more than candidate vote totals.


If secret ballots are used correctly, the MC would have no way of knowing how anyone voted and would have nothing but the totals.

Alex, I would suggest reading your governing docs and say if balloting should be secret. If so, the ballots should not be signed. Signed outer envelopes can be used instead, for example.

Interesting side question, assuming secret ballots are called for, but limited proxies are used. Are the proxies "discoverable" by the members. Those would indicate how members instructed their proxy holder to vote.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Art,

In Virginia, proxies would be considered part of the Association records and available for review upon request. This would go for limited, general and directed proxies.

In my Association, voting for directors must be done by secret ballot.
The ballots are available for review but, unless you know the handwriting, it's next to impossible to see who voted for whom (unless they provided a directed proxy).

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By TimB4 on 02/26/2018 4:48 AM
In Virginia, proxies would be considered part of the Association records and available for review upon request. This would go for limited, general and directed proxies.

It's the same in Florida as far as I know with a huge BUT: "... a proxy, limited or general, may not be used in the election of board members in a residential condominium". Outside of an election, however, proxies may be used for other matters and do become part of the official records which owners have a right to see.

HOAs in FL have no such restrictions on the use of proxies.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By AlexM1 on 02/23/2018 6:02 PM
Owners sign their ballots so anyone can go down to the management office and find out who voted for whom. This has created all sorts of conflict....conflicts that will not easily be washed away.

I'm not sure there is anything you can do if this is a right everyone has. A board member retains all the rights of any other owner. I do agree she should not have done this since it is clearly not in the best interest of the association.

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