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HenryS7 (Pennsylvania)
Posts: 336
Posted:
Neither our state law nor our CC&Rs nor our by-laws require secret ballots.

New this year is we can do absentee ballots that count toward quroum, and if we can validate the authenticity ballots, we can do electronic ballots.

So, I'm looking at doing paper ballots and electronic ballots that contain homeowner identification. Our annual meeting is virtual. I'm not exactly sure how we will take votes via Zoom yet, but thinking we can do some type of poll option and then the poll votes will be added to the absentee votes.

Wondered if other homeowners associations have had non-secret elections, and what homeowner response was to non-secret elections? We don't plan on publishing the results or making who voted for whom to be public, but the information will be recorded.....
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our Bylaws allow for nominations from the floor thus any ballot we would make up prior to the Annual Meeting may not list all those running. In our Annual Meeting Notification mailing, we do list how many BOD spots are open for election. We also send out a Proxy with the BOD as the holder/voter. Without Proxies we would not make Quorum.

With a BOD of 5 and two year terms, when on cycle we would have two open spots one year and 3 open spots the next year. As we did not have an Annual Meeting in 2021 our next one will be early 2022 with all 5 spots open. Only once in 5 years have we had more people running then we have open spots. Usually we have to "beg/draft" people to be on the BOD.
AugustinD
Posts: 3,698
Posted:
The OP has clarified in the past that he is in Washington.

From the Washington HOA statute:

Owners or their proxies who are present in person may vote by voice vote, show of hands, standing, written ballot, or any other method for determining the votes of owners, as designated by the person presiding at the meeting.


The person presiding is the president. Hence the OP can make this call on his own. Though to minimize pushback, he might want to consider asking for input from others first.

I think many folks will be intimidated into not voting if they know that their vote will be shared freely with others. I think secret ballot should be used.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By AugustinD on 12/02/2021 3:12 PM
The OP has clarified in the past that he is in Washington.

From the Washington HOA statute:

Owners or their proxies who are present in person may vote by voice vote, show of hands, standing, written ballot, or any other method for determining the votes of owners, as designated by the person presiding at the meeting.


The person presiding is the president. Hence the OP can make this call on his own. Though to minimize pushback, he might want to consider asking for input from others first.

I think many folks will be intimidated into not voting if they know that their vote will be shared freely with others. I think secret ballot should be used.

A secret ballot would be nice but I don't know how to make that happen electronically without investing in a fancy platform, which requires both association money and board of director time to setup.

I'm really looking for how other homeowners associations run elections and their experiences with secret vs non secret ballots.
BarbaraT1 (Texas)
Posts: 821
Posted:
Quote:
Posted By HenryS7 on 12/02/2021 3:41 PM
Posted By AugustinD on 12/02/2021 3:12 PM
The OP has clarified in the past that he is in Washington.

From the Washington HOA statute:

Owners or their proxies who are present in person may vote by voice vote, show of hands, standing, written ballot, or any other method for determining the votes of owners, as designated by the person presiding at the meeting.


The person presiding is the president. Hence the OP can make this call on his own. Though to minimize pushback, he might want to consider asking for input from others first.

I think many folks will be intimidated into not voting if they know that their vote will be shared freely with others. I think secret ballot should be used.


A secret ballot would be nice but I don't know how to make that happen electronically without investing in a fancy platform, which requires both association money and board of director time to setup.

I'm really looking for how other homeowners associations run elections and their experiences with secret vs non secret ballots.

Ballots can be confidential without being secret.

We designate someone with no connection to any candidate to be the election inspector, and at least 2 people to count votes. All three sign a form pledging not to disclose individual votes (practically speaking they probably won’t remember anyway.) Once counted ballots are sealed and not opened unless a recount is ordered.
KerryL1 (California)
Posts: 14,550
Posted:
I'm probably bleary-eyed from a long CC&R restatement Town Hall with Owners.

Still, The citation from WA seems to say that owners must be "present" in person or by proxy. So it doesn't seem that ballots can be mailed in or sent electronically?
KerryL1 (California)
Posts: 14,550
Posted:
I'm probably bleary-eyed from a long CC&R restatement Town Hall with Owners.

Still, The citation from WA seems to say that owners must be "present" in person or by proxy. So it doesn't seem that ballots can be mailed in or sent electronically?
KerryL1 (California)
Posts: 14,550
Posted:
I'm probably bleary-eyed from a long CC&R restatement Town Hall with Owners.

Still, The citation from WA seems to say that owners must be "present" in person or by proxy. So it doesn't seem that ballots can be mailed in or sent electronically?
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By KerryL1 on 12/02/2021 6:41 PM
I'm probably bleary-eyed from a long CC&R restatement Town Hall with Owners.

Still, The citation from WA seems to say that owners must be "present" in person or by proxy. So it doesn't seem that ballots can be mailed in or sent electronically?

There is a new Washington law that allows for absentee ballots, and says that any absentee ballots count for quroum. Thus, we no longer need to ask for proxies, rather, we just ask people to vote and if enough people vote in advance then we meet quorum.

I'm really excited about this and want to make it as easy for folks to vote as possible in advance of the meeting while still doing due diligence to ensure valid votes.
KerryL1 (California)
Posts: 14,550
Posted:
Ah, I see, Henry. Can you pease cite the new statute?
HenryS7 (Pennsylvania)
Posts: 336
Posted:
https://app.leg.wa.gov/rcw/default.aspx?cite=64.34.340
EvelynW (South Carolina)
Posts: 13
Posted:
Our management company demanded we send in our proxies 2 weeks in advance of the meeting even if we were going to the meeting....the proxy also had you voting for the open Board seats...The HOA Board had their board meeting after the due date and am sure the management company told them who got on the board and who knows if they fudged proxies of owners that didn't respond??? .....I feel electronic proxies/ballots should be notarized.
PatsyM3 (Washington)
Posts: 3
Posted:
Henry, I also am in Washington State. Do you believe current state law (64.38 & 24.03A) allow electronic voting? My research seems to say "no". Can you advise where in the state law this is allowed. I am a new Elections Committee Chair and take my "job" seriously. I am in a HOA (not condominium established before 2018). Thanks
SheliaH (Indiana)
Posts: 6,964
Posted:
This is an old post - you're better off starting a new conversation with your question, especially if the law has changed since 2021 when this one started.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
This is the poster I referred to in my reply to your post, Pastsy, about electronic voting. He became president initiated it in his HOA because he believed statute permitted it. See his postings under Michael forum Ark. He has since left the forum so that's why you'll see his post count at zero.

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