Board election intimidation

Hi,

Our HOA recently ran an election where homeowners had to turn in secret ballots by mail or to the MC.

One board member running for reelection showed up at the MC the day before election with 15 sealed envelopes. Then other board members received emails and txt messages saying that board member pressured them to vote for her and help turn in their ballots for them. (Older retirees).

Of course at the election she denied any harassment and said owners asked for help so what was she going to do, not help them. That all envelopes were sealed before she touched them.

The decided to throw out the election, shred the ballots and start over.

Since then, a different board member did his unit and voted me in as treasurer.

What suggestions do you have?

I am pushing current board members to get opinion letter from a lawyer on what to do. They are hesitant. And think we will need a meeting soon for those homeowners to express their issues and the board member to make a statement.

This person is still on the board and wants to be president ( was president a couple years ago).

We will be going through a large retrofit project (700k) and ppl think she is wanting to be in charge to get kick backs as they think she did in past but no proof.

We are in the process of running a new election. It hasn't started. Election that was thrown out was Dec 5, 2020.

The issue is nothing stops her from doing the same thing with intimidating owners again.

We are also on cumulative voting. So each unit gets 5 votes. She is trying to get herself and two others with enough votes to take over.

In California, under no circumstance, should a board member be handling any ballots prior to the opening of the ballots.

Then, until Elections Rules are in place, elections can't take place.

They had a previous board member (owner) act as the Inspector of Elections. Now because of what happened we are looking doing:

1. Updating the election rules. Will send letter and follow the law for change. Requires 75% of owner approval.

2. Hold new election and pay company to be Inspector. After appropriate time of new rules (if they pass) from Sterling act.

Election Rules do not need Owner approval.

Read the following

https://www.davis-stirling.com/HOME/E/Election-Rules-Required

Our bylaws require it. They haven't been updated since 2012

If she and her two grieves are elected they have the majority and can choose who is in what position.

What did she threaten to do, shoot the homeowners if they didn't fill out the form? Intimidation is a loaded word, so I'd have to talk to these homeowners to see what happened and why they felt intimidated (why not toss the lady out of the house?)

As for the kickback business, it doesn't sound like anyone has proof of that so ignore it. If they don't want to vote for her, they don't have to and perhaps there will be enough votes against her to vote her out. Don't make this complicated.

you don't need an attorney for this. you said the ballots are tossed and are starting over, so do it. Maybe the next election should be held during a live meeting where people can raise their hands when they want to vote for a certain candidate meeting. Or have them stop by and complete ballots like people do at regular elections. They place the ballots in a locked box, which is opened in front everyone and the ballots are counted.

Skip the proxies- let people mail in their ballots, placing them in an envelope and then putting that in another envelope and mail it in. Those envelopes are also opened and counted at the meeting. Your counters should be people who aren't running for office

If your board appoints offers from among themselves, so what if she wants to be president? The rest of you have to appoint the officers and she's only one vote. Vote your conscious and call it a day.

I do not think David's BOD has made a good case for over turning the election other then they do not want a particular person on the BOD. It seems to me the "ballot" collector played within the rules even if one does not agree with the results.

Always appreciate your insights, Shelia, but in this case, too much of what you suggest doesn't mesh with CA statutes.

I agree with your assessment. This is how we are proceeding.

David,

You quote from your Bylaws, but the document you should be referring to, regarding elections, is your Election Rules. Your Bylaws, unless updated annually by a vote of the members, will be obsolete.
How old is your association and when was the last time your Bylaws were updated or amended?

Does you management company handle just HOA's or do they also manage rental property as well. Sometimes these management company's primary focus is rental and they are not as knowledgeable in HOA laws as they should be.

Last updated July 2012. MC only handles HOAs. I am still trying to get an understanding of all the different docs and how they work.

This is Cumulative Voting. Typically how corporate elections go meaning the more shares one holds, the more votes they get. Used sparingly in governmental voting. One of the things we had our declarant remove before we owners took over.

I am just a treasurer, not director. Not sure what director means.
Right now trying to understand the rules and how things work because it seems that current board has gotten lazy. The previous president not board member refuses to do anything because she hates the current president and is pushing to get elected. 2 other board members don't live on site and schedules are busy to show up and do stuff.

Our bylaws do not require staggered. All five are to be filled in next election. Normally a term is 2 years. The current board used Covid and moved to online meeting and delayed the last election. They have been on the board now for 3 years.

We had the election this past December 5th but because of the issues of the previous president showing up with 15 or so ballots(in envelopes)(20% of the total vote) it was decided to throw out the election and start over.

Sorry. Previous president now* board member.