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Posted By JerryV on 02/10/2019 11:42 AM
Well, I just checked our most recent By-Laws and sure enough we changed procedure so that absentee ballots are to be signed and not opened until the annual meeting.
Thanks anyway to all who responded...sorry to have wasted your time!
It's a good subject, Jerry, and often generates a good discussion. Not a waste of time at all IMO.
You're in Florida so in large part the election procedures have different legal requirements depending on whether you're in a condo or a homeowners association. Condo associations have to follow very specific election procedures and methods. An HOA, on the other hand, is very much on its own since FS 720 leaves just about all election specifics up to the individual HOA's bylaws.
If an HOA wants to allow anonymous and/or mail-in absentee ballots in elections then the bylaws have to specifically authorize it. There's no statutory right in an HOA for anonymous voting. If your bylaws say something different then you're good to go with whatever procedures the bylaws call for.
My HOA is the exact opposite... our bylaws say almost nothing about election procedures. There's no provision for anonymous ballots and the fact that we've been using them for years is, according to a couple of attorneys, actually illegal. Like John, we're lucky no one has made a stink about it (yet).