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MaryM1 (Delaware)
Posts: 9
Posted:
Please bear with me, I will try to make this short and to the point, but we need advice!!!!
We are a 57 home community. We had our annual meeting for election in September, and it turned out to be a disaster. One of the members was in the reers with unpaid late fees and wanted her husband to be placed on the ballot. We had previously told her before the meeting, 'pay your balance, and he can be added'. She did not. During the meeting she stood up, totally disrupted the meeting screamed etc and would not stop. another member finally could take no more, and he stood up, made a motion to forgive her debt, and allow her husband name be on the ballot, and it was 2nd, and 3rd. These were not her friends, but members who wished for the embarassing situation to stop. We had to delay the election and adhere to these requests. ok, round two.

We have a secret ballot form and since we could not hold another meeting, we personally delivered each and every home a ballot with deadlines. We received all the ballots 42 were returned, and after getting the election committee together to validate these, it was about 3 weeks or so. Needless to say, the husband in question did not win.

Now we received this email from the wife. "Our understanding is that a resident of our neighboor made a request to be present when the votes were opened and tallied. It is also our understanding that she was not permitted to do that and then was presented with a summary of the votes and asked to sign it indicating that she was validating the results, which she declined to do since she was not present at the counting of the votes.

We're positive that you'll agree that our Homeowner Association Board has an obligation to keep all ballots and that they be available for review. A large number of neighbors returned their ballots after marking them in such a way that they would be able to recognize their own ballot and ensure that their votes had not been tampered with. We hereby request to review all of the ballots and look forward to your speedy response, especially given the unacceptable delay in relaying the results of the election. public".

Now here are my questions/concerns. First and foremost, I am the chairperson for the election committee, and her first paragraph is absurd. We never received a request for additional help, after begging for this, and I have the only copy of the summary sheet, and never asked anybody but those present to sign this sheet. I have the ballots and will bring them, but by reading her email I feel that this could open up a whole can of worms.

1. I'm afraid if these neighbors are acquaintances of this person, they could say they placed a fictious marking, and needless to say, it won't be there, so they will then say....'where is my ballot'?
2. do they have the right to do this?
3. what do we say?
4. HELP???

Our last board meeting is this Thursday, please respons quickly. Thank you
mary ann
RogerB (Colorado)
Posts: 5,067
Posted:
Mary Ann, the first mistake was made when the Chair accepted a motion which was in violation with your controlling documents. The second mistake was not completing the voting and announcing the results at the meeting. Lean a lesson, once a mistake is made it may not go away. This is what started "the can of worms". Why was the delinquent member recognized by the Chair? And when she ranted she should have been escorted out of the room.

I would reply to the wife "We asked for volunteers to be on the Talley Committe but received no offers to help with the talley. Any member in good standing may request a review of the association's records; however the talley of the secret ballot is official and the new Board members have been determined."

You should not be able to answer questions related to 'where is my ballot'? It was a secret ballot and you do not need to answer such a question but should have the outer envelopes available which have signatures on them if the two envelope system was used.
MaryM1 (Delaware)
Posts: 9
Posted:
Roger,
Thank you for the advice.
I agree with you the way this was handled was wrong, which has resulted in this situation. The question I still have for you or others is this. We did not have a double envelope process. Our process was a bit more complexed, as we hand delivered each available person a ballot and they signed off on a master sheet stating they received it. I delivered 55 as one was not in good standing, and one was not available. We only received back 42. Then that person voted and returned them to the election committtee folded over. No envelope needed. So if as you read her email, she wishes to review the ballots, what do I do/say? show them to her? Or do we say, "here is the ballot received list with all the signatures, as this was a secret ballot, the actual ballot are not allowed to be reviewed". and if she then accuses us the board of tampering/altering, since we are not allowing her to witness the actual ballots?
Thanks
GloriaM (North Carolina)
Posts: 829
Posted:
Mary:

All of that for 1 screaming HO? That is why an Agenda is followed and the meeting follows Roberts Rules of Order. She was out of order and should have been asked to leave the meeting.

Second, the board cannot forgive assessments that are due and owing to the HOA. It is the boards duty to collect the money that is owed to the HOA.

Third, at the cost and expense to this owner wanting to view the ballots, let her but she will have to bear the cost to the MC or HOA to view them.
MaryM1 (Delaware)
Posts: 9
Posted:
gloria,
we are a small new hoa, and to be truthful, we should be a maintance association, vs an hoa one. We do follow the Roberts Rule etc, but unfortunately, this was way out of hand. Anyway, your reply is appreciated, however you didn't answer my question. The member is question, weather it is right/or wrong was forgiven her late fees, and she is a good standing member now. It wasn't like the HOA was out the money, our declarants do not state late payment assessments. Now onto the ballots. You state she can review them? but at a cost? These are suppose to be secret ballots. I just need to find out if she can review these and how to I say the vote stands, and the ballots are here, but they were a secret ballot.
RogerB (Colorado)
Posts: 5,067
Posted:
Mary, allow any member in good standing to veiw the actual ballots. Secret ballot only means there is no identification on the ballots cast. The list of members who were provided ballots only shows that all members in good standing who were available did receive a ballot. It is not meaningful for the votes cast. The HOA may be able to charge a fee for inspection and/or copying the ballots and collect that fee upfront.
GloriaM (North Carolina)
Posts: 829
Posted:
Mary:

Roger answered the question. Thanks Roger.

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