HOA "targeting" members who have not voted

Our HOA is in the midst of a vote to update our governing documents. Due to widespread apathy barely half of the members have voted. The Board of Directors has extended the voting deadline several times. Still, very few votes were added. Finally, the Board decided to "target" members who have not voted and a list was developed (presumably by our management company) to contact members who have not voted. Those members received a solicitation in the mail to vote. Still, in the month since letters were sent relatively few votes were cast Then, in the span of 5 days just before our most recent Board meeting, more than 50 votes were received. My concern is that the list of members who have not voted were contacted directly and in person to get them to vote. Is this legal? Our governing documents require that voting be done by secret ballot. If they know who has and hasn't voted, doesn't that void this vote. Thanks for any insight anyone can provided!

Yes, Yes, No to your questions. However, once voting has started, voters who have not submitted a ballot are not contacted. My concern is that the list of members who have not voted was used to selectively contacted if there was any reason to believe they might vote a certain way. Specifically, the changes proposed to our governing documents would financially benefit some members over others. The previous Board president pushed these changes through after disbanding the ad hoc committee appointed to suggest changes. The fact that there were so few votes cast and then an avalanche of votes in a few days is very suspicious. Maybe I'm paranoid, but the whole process has been characterized by secrecy and behind-the-scenes decisions.

You ought to review California's new statutory election requirements. Use Davis-stirling.com. Then as needed write a letter to the board, emphasizing the election transparency requirements from the statute.

Any owner in a CA HOA may inspect the list of who's voted via written request to the PM (or board if no PM) Any owner, including a director, may, at their own expense, send letters or otherwise contact owners who have not voted and ask them to vote to approve the new CC&Rs.

Because no one reviewing the voter list knows which way they voted, members' votes ARE secret.

The board of directors may not use HOA resources to advocate for a yes vote. So, the PM may not send out materials to those owners asking that they vote yes. The PM may not put flyers under owners doors advocating a yes vote.

The PM may send out notices or emails to the non-voters asking they vote, but may not advocate for approval of the restatement. IF the PM DOES send out a plea for a yes votes, any Owner opposed to the changes may have the PM send out their recommendation for a no vote.

So, David, who contacted the non-voters and by what method???

Our HOA sent secret ballots out to restate our CC&Rs & Bylaws a month ago. This week, board members are individually contacting Owners who have not voted to seek a yes vote. The directors must use their own funds if mailing to absentee owners (about 25% of all owners) and their own labor to put notes or flyers under condo unit doors.

Two Town Halls were held and a complete redline version sent to owners late last year. Since our owner restatements involve no change in assessment calculations or who is assessed for what, we are not Thomas' HOA.

For more, Thomas, vist Davis-stirling.com, Index, Elections

Targeting is a strong word to use when you have passionate owners that want to amend the governing documents. Are they just being diligent?

Yes, "target" is a strong word. It was used by the general manager to describe the list they were about to generate. I don't know who generated the list. It was either the general manager or the third-party firm who is collecting the ballots.

I appreciate all the replies and suggestions. Looks like it's pretty OK for the list of non-voters to be made and even distributed on written request. I'll admit I'm pretty surprised and concerned that the vote on our governing documents is going to represent the will of the minority in the community who will financially benefit from a few changes. From what I gather on the Davis-Stirling website, the outcome can be challenged within a year of the final results being revealed.

The question, David, is WHO sent out the plea to vote yes to Owners. If it was the PM or the inspectors of election firm, HOA resources were used. This means, as Max & I have pointed out, that you may ask that a letter from you to owners who haven't voted be set out ALSO using your HOA's resources, e.g., clerical work to address the envelopes by your PM or Inspectors vendor, copies of your letter, cost of postage.

All you need to do is to write your argument.

IF the letters asking for yes votes were sent out by individual directors using their own funds & labor, as ours are doing here, you also can do the same if you want to do the work & spend some money. To challenge the election results during the year following the election would be much more difficult. Campaign now.

Sorry for using the wrong name, David, in my earlier post : (

So, David, it might be reassuring to attend the ballot-counting meeting, which can be a board meeting--doesn't have to be a members meeting. But it will not be the board members who open the ballots, it will--or SHOULD be-- the inspector(s) of election firm that your board hired.

Just make sure you attend and observe (allowed in CA) the outside envelope being opened, the inside envelope with the ballot in it being opened, and an inspector recording the vote. will you HOA attorney be in attendance?

I don't think it's surprising that so many ballots came in so late. In my condo HOA, Owners are really slow to even sign up to attend our social committee's events and to vote for directors.

Last Friday, out monthly newsletter went out with our President's Message urging Owners to vote. Period--not "vote yes." Our PM sent an email to all owners urging them to vote. Period. She posted a message on our website's home page with the same message. Six directors started "reaching out" (as they say) to an assignment of voters using their own labor & funds. In our HOA of 200+, I wouldn't be surprised if we see 40 or more votes come in this week.

Let us know how the tabulation meeting turns out, David.

OK

Whoa, David I just noticed that you didn't write which "governing documents" were being amended. Which one or ones. While common for 50% + 1 of all voters is needed to an handed Bylaws, often, perhaps, usually, a larger %--67; 75-- is needed to amend the CC&Rs.

Please quote e the exact words from the documents that your ballots offer to be amended. % required to amend is usually near the back.

Thank you, David.

Well, sounds like happy ending.