Verify Proxy Votes

I have searched the Kansas laws & regulations and Roberts Rules and cannot find anything that states that HOA members have the right to specify a specific spotter to go back with the Secretary and another board member to verify all votes. We have an HOA board that some question the integrity of when it comes to counting these votes. We want to make sure that the members in attendance have the authority to select the spotter that they want and not let the board select another one of “their” people to confirm that all votes are up and up. I hope that there is some document out there that applies to ALL states since Kansas does not specify. The governing laws in the HOA does not specify how the votes are confirmed.

In CA by statute, Owners may observe the inspectors of election (in our case, volunteer owners who count the votes) while they open the secret ballot envelopes and tabulate the votes.

But I don't know if Kansas has any statutes like that. I doubt there's any nationwide.

Yes, I do want to run on the board, but it appears to me (based off of some of the HOA members of long duration) that they question the integrity of the board members. The problem is that in the HOA covenants and the bylaws there is NO voting guidelines as such. Current HOA bylaws states: the voting of board members will be in secret (that’s it). The way this is done is that each person present representing a household has two votes to cast. After the nomination of officers ceases, we will write the name of the individual down we want elected and write 2 by their name for casting two votes. None of the ballots are signed in person. Then the Secretary and another board member goes to another room and counts all the ballots plus any and all proxies. We have NO non-board member designated as a spotter or independent inspector of the election. The board members could pad the count in favor of who they want on the board. I have been told that this is exactly what has happened in the past.

Therefore, my question is if a another state like California has specific election rules called out and our state of Kansas does not mention inspectors, would I have a case that other states do it this way and this is not unusual and we members DEMAND that a HOA member be assigned the task by majority vote and be allowed to verify all proxies? California HOA states: when an association’s election requires the use of secret ballots in accordance with Civil Code Section 5100, an association is required to “select an independent third party or parties as an inspector of elections.” (Civ. Code § 5110(a).) The number of inspector(s) must either be one (1) or three (3). (Civ. Code § 5110(a).). “Independent Third Party” Defined
An independent third party allowed to serve as an association’s inspector of elections includes, but is not limited to, the following: (Civ. Code § 5110(b))
* A volunteer poll worker with the county registrar of voters;
* A licensee of the California Board of Accountancy (CBA);
* A notary public; or
* A member of the association, provided that the member is not a director, a candidate for director, or related to a director or to a candidate for director.

I am like all other HOA members who are being bullied and watch their HOA board overuse their powers, there has got to be a way to hold them accountable for those states that are not this specific. To me basic voting rules must be able to apply to keep the HOA voting process transparent.

First of all I should have asked before I even tried to seek you guidance as to what are your qualifications? Is this just a form where people try to get help and you come back with answers like you did. The reason I am inclined to believe that proxy votes are padded to their favor is because this board has approved deviations from the covenants “for members on the board or on the design committee”. If you have a board like that then without any kind of inspector we will never know. So could you please address the above question I had instead of trying to hone in on do they do this or not. There must be a way that we can stop any padding of votes by demanding that we have a HOA member, not being nominated, to go back with the board members to verify all proxy votes.

I have done my own research and came across your website. This is the reason I DO NOT GET INTO THESE chat groups because the host does NOT know how to help those who are seeking help. You definitely are NOT an expert, but a person who like to curse out people. THERFORE, PLE;ASE REMOVE ME FROM YOUR STUPID WEBISTE BECAUSE YOU DO NOT KNOW HOW TO HELP PEOPLE.

Dale, does your HOA have 12 or more units? Was your HOA created after January 1, 2011? If the answer to both of these is "yes," then the Kansas Uniform Common Interest Owners Bill of Rights Act applies. Section 58-4616 requires the HOA to provide a member with the "ballots, proxies, and other records related to voting by unit owners for one year after the election, action, or vote to which they relate." For details of making a request, see http://www.kslegislature.org/li_2012/b2011_12/statute/058_000_0000_chapter/058_046_0000_article/058_046_0016_section/058_046_0016_k/

Furthermore, if your HOA is a corporation, then Kansas's Corporations Act at Section 17-6510 gives you the right to inspect records. This may include the proxies et cetera you want to see. For details, see http://www.kslegislature.org/li_2012/b2011_12/statute/017_000_0000_chapter/017_065_0000_article/017_065_0010_section/017_065_0010_k/