What Constitutes a Secret Ballot?

No Tom, it's not legal. We send out ballots with all names that we know are running for the board, after a deadline is given for letting the board know that you want to run, plus room for three write-ins. A member can give their ballot to someone to vote for them, but that doesn't usually happen. What happens is the directors like the ones you mention, take copies around and get those who don't usually mail theirs back, to give them their proxy and then they vote it with the members signature. In our assn. of 500, we only need 50 (10%) for a quorum to have an election, otherwise, the board has to stay the way it is and then we would have to have another election at a newly appointed time.

This is what I do know because our board did it last year--a SECRET [WRITTEN] BALLOT means it is to be opened at the election meeting and counted there. The reason this is so crucial is that--and this is what happened in our assn. (our board was acting like your board)--and needed to know ahead of time how many more votes they needed. The president had the MC open the ballots and count so that they knew how many more proxies to go obtain. THIS REALLY HAPPENED. I was on the board at the time and asked the MC agent in front of the entire audience where the ballots had been opened and instead of telling me the truth, he said they were opened here [at the clubhouse]. I asked to see the envelopes and because he was in collusion with the president, she told him that he didn't have to provide them to me, duh! They went into another room to count them--with a pre-arranged group of dissidents--and when they returned to the meeting room, the MC agent said, "oh, I lied, I just found out from my employees that we didn't open these ballots here". I think he went out to call his attorney, frankly. However, nothing was done about any of this. I complained in writing. This incident was left out of the Minutes of the Annual Meeting (also illegal).

You might mention to your assn's. insurance company that there might be illegal elections going on--isn't this what they think they are insuring against--wrongdoing? I'm sure they don't want to pay a claim!
Ed

RogerB,
To clarify the proxy/ballot that was sent to our membership, the instructions on the proxy were to sign and return it to the existing president or the MC. No instruction was given to vote for any of the candidates listed as running for election.
It is my opinion that a ballot,listing the candidates running for election, along with a means to add a write-in candidate, should be a separate item from the proxy. The ballots should then be sent to the Secretary in a sealed envelope,separate from the proxy, opened and counted at the annual meeting. This was not done at our last HOA meeting. In our case, the proxies and ballots were combined on the same document and returned to the board president or MC prior to the meeting, thus allowing the possibility for the existing Board and MC to arrange the votes as they please.
One suggestion in a prior reply was to contact our insurance carrier and inform them of these election procedures, since they may be at risk for a claim against the actions of the Board. Would you recommend this action?

Tom, Boards will try to ignore a request for a new election. So you could add the following incentive:

I know the Board wants to conduct meetings in a proper manner and wants to comply with our HOA documents and the state statues including the non-profit corporation act (if incorporated). Otherwise you would not be doing your fiduciary duty.

I respectfully request prompt consideration and if you can not respond within XX days please let me know the date by which I can expect to receive your decision. Otherwise, a copy of this letter will be forwarded to the State Attorney General's office and Secretary of State (if incorporated).

Sometimes hammering the point home gets action

RogerB

The state is Utah.