LisaS (Illinois)
Posts: 341
Posts: 341
Posted:
Last year our HOA had a number of issues regarding our election. I anticipate similar problems (and much worse) this year due to the private agenda of some sitting Board members.
I like to be proactive...so I am asking for answers I have been unable to find. I am in Illinois.
1. We generally have ballot counters chosen from the floor at the election. Should they (must they?) count ballots in view of the members?
a)Should an 'inspectors report' of votes cast, proxies, totals, etc. be written by one of the ballot counters, and when should this be made available?
2. Should the number of votes be announced with the election winners?
3. Our Board has sent out proxy forms for the first time to "establish a quorum for the election". a) They stated that they must have 20% returned...(however we are only actually required to have 10%-they lied and I'm not sure why).
b)They also stated that any proxy submitted with no assignee would be counted toward quorum. But my understanding is that if no assignee is named, the proxy CANNOT be counted because it is incomplete (no vote can be cast with it). Is this true?
c) The proxy form states that if two owners sign it, it cannot be revoked without the attendance in person of both at the election. Can they do this? Only one vote may be cast per lot, by any owner of the lot.
4. When is the proper time to contest an election? What is the proper method to do this?
5. We have no bylaws with any election guidelines/procedures, we must abide by the Not for Profit Act of Illinois.
Thanks for any assistance.
I like to be proactive...so I am asking for answers I have been unable to find. I am in Illinois.
1. We generally have ballot counters chosen from the floor at the election. Should they (must they?) count ballots in view of the members?
a)Should an 'inspectors report' of votes cast, proxies, totals, etc. be written by one of the ballot counters, and when should this be made available?
2. Should the number of votes be announced with the election winners?
3. Our Board has sent out proxy forms for the first time to "establish a quorum for the election". a) They stated that they must have 20% returned...(however we are only actually required to have 10%-they lied and I'm not sure why).
b)They also stated that any proxy submitted with no assignee would be counted toward quorum. But my understanding is that if no assignee is named, the proxy CANNOT be counted because it is incomplete (no vote can be cast with it). Is this true?
c) The proxy form states that if two owners sign it, it cannot be revoked without the attendance in person of both at the election. Can they do this? Only one vote may be cast per lot, by any owner of the lot.
4. When is the proper time to contest an election? What is the proper method to do this?
5. We have no bylaws with any election guidelines/procedures, we must abide by the Not for Profit Act of Illinois.
Thanks for any assistance.