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ShelleyC4
Posts: 6
Posted:
At the Annual Meeting, the election ballots were counted, announced, and signed off on but it was discovered the count was off 12 hrs later resulting in a different outcome. Do you adhere to certified election, announce the change of winners, or hold a total new election?
AugustinD
Posts: 1,022
Posted:
I think the HOA/COA has to announce the mistake and the change of winners, and seat the new board as soon as possible.

For one thing, not seating a person who has actually won would be patently unfair to this person and grounds for a lawsuit.

Honesty, perhaps including an apology, is usually the best policy. Studies show that honesty with an apology even reduces malpractice litigation and its costs.
TimB4
Posts: 20,986
Posted:
I agree with Aug.
MaxB4
Posts: 3,501
Posted:
I would wonder why the count was off.
KerryL1
Posts: 14,519
Posted:
You, of course, declare the real winners the winners.

Who the heck counted them? An officer? Don't owners get to observe the tabulation? What doesn' "certification" mean?
MichaelS56
Posts: 875
Posted:
This sure reduces the trust of the Board that runs the Association. The Board will have a lot of work for them to obtain trust again.
ShelleyC4
Posts: 6
Posted:
A brand new VP, and 2 residents counted them. (All of them in 70's) No disrespect to elders. None of them had done it before. And yes, everyone in attendance could see them at the meeting. The Board signed off on results. For some reason (no one requested) the treasurer decided to recount the votes.
ShelleyC4
Posts: 6
Posted:
And you are absolutely 💯 correct about the trust! We already had one resident instilling distrust regarding the Board. This just played into his narrative. NOW, the current President was re-elected in New count...and she says she doesn't want it! What?! Why was she on the Ballot? The other 2 candidates are tied. Emergency board meeting tonight. Have no idea what's going to happen. They even screwed up the "at large" candidates. Unbelievable
MichaelH34
Posts: 179
Posted:
"None of them had done it before."

How difficult is it to count ballots?

One thing that would be critical to me if I were in that HOA is getting a clear understanding of how it was possible to fail at simple addition and putting in checks to prevent it in the future.
CathyA3
Posts: 6,286
Posted:
I think the rule of thumb is that if the issue was only a miscount, then correct the final tally, apologize, and announce the correct winner(s).

If there was something wrong with the election process - eg. duplicate, missing or altered ballots - then a new election should be held, with an explanation of what went wrong the first time and how it will be corrected.

The new board should probably review the process to see why this went wrong. I agree it shouldn't be that hard to count votes correctly. But I can see issues if:
1. the vote counters haven't done this before, the instructions weren't clear to them, and they didn't ask questions until they understood;
2. there is a large number of ballots;
3. you have nominations from the floor;
4. you have write-in candidates;
5. the vote counters are expected to do anything in addition to producing a list with candidate names and votes received.
AugustinD
Posts: 1,022
Posted:
Quote:
Posted By ShelleyC4 on 10/24/2022 8:17 AM
And you are absolutely 💯 correct about the trust! We already had one resident instilling distrust regarding the Board. This just played into his narrative. NOW, the current President was re-elected in New count...and she says she doesn't want it!
Now now AFAIC, this can be sorted out in a rational fashion. Or at least one can try. Those directors actually elected to the board, but who do not want to serve at this point, need to submit their resignations. Then the remaining directors appoint replacements.

For five hundred bucks, I am sure the HOA attorney could play referee here.
MaxB4
Posts: 3,501
Posted:
The responses are hilarious! Still don't know how the count was off. There has to be a simple explanation and it might make the solution easier to obtain.

One thing I caught is the OP is saying that members were electing officers, is this true?

Because of the resignations and the timing, I would suggest a new election altogether. Maybe, this time they could get it right.
KerryL1
Posts: 14,519
Posted:
Shelly wrote: "NOW, the current President was re-elected in New count...and she says she doesn't want it!" Are you telling us that owners vote for board officers? Or that the president, a director, was reelected as a director and now doesn't want to be a director?
MaxB4
Posts: 3,501
Posted:
Quote:
Posted By KerryL1 on 10/24/2022 10:03 AM
Shelly wrote: "NOW, the current President was re-elected in New count...and she says she doesn't want it!" Are you telling us that owners vote for board officers? Or that the president, a director, was reelected as a director and now doesn't want to be a director?

They got bigger issues if they can't figure why the count was off. How the hell can you prepare a budget if you can't count?
NA1
Posts: 190
Posted:
We intentionally have the manager collect and count. They apply ownership interest and report the result. If challenged we would use an outside auditor. It has never mattered. We have not ever had more than one candidate for each seat.
BillD16
Posts: 980
Posted:
Quote:
Posted By MichaelS56 on 10/24/2022 5:10 AM
This sure reduces the trust of the Board that runs the Association. The Board will have a lot of work for them to obtain trust again.

I see this as a choice between two evils:

- The Board can acknowledge the mistake and declare the rightful winner, or

- The Board can stick with the “certified” winner.

I think it’s fairly obvious which choice would be easier to deal with afterwards.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
BillD16
Posts: 980
Posted:
Quote:
Posted By MichaelS56 on 10/24/2022 5:10 AM
This sure reduces the trust of the Board that runs the Association. The Board will have a lot of work for them to obtain trust again.

I see this as a choice between two evils:

- The Board can acknowledge the mistake and declare the rightful winner, or

- The Board can stick with the “certified” winner.

I think it’s fairly obvious which choice would be easier to deal with afterwards.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
AugustinD
Posts: 1,022
Posted:
Quote:
Posted By BillD16 on 10/25/2022 8:17 AM
I see this as a choice between two evils:

- The Board can acknowledge the mistake and declare the rightful winner, or
Acknowledging the mistake and declaring the rightful owner is an evil?

Or did you simply mean that the first choice requires some labor and kvetching about having to go to the trouble of correcting a mistake?

BillD16
Posts: 980
Posted:
Apologies for the double post. But it goes to show that there is no process so simple and foolproof that it cannot be screwed up. I’m 62yo - yesterday I attempted to drink a glass of water, a few drops went “down the wrong pipe”, I coughed. No harm done, but note that I managed to screw up drinking a glass of water.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
BillD16
Posts: 980
Posted:
Quote:
Posted By AugustinD on 10/25/2022 8:21 AM
Posted By BillD16 on 10/25/2022 8:17 AM
I see this as a choice between two evils:

- The Board can acknowledge the mistake and declare the rightful winner, or
Acknowledging the mistake and declaring the rightful owner is an evil?

Or did you simply mean that the first choice requires some labor and kvetching about having to go to the trouble of correcting a mistake?

More the latter than the former. I don’t mean it’s actually ‘evil’ - I meant that typically “choosing the lesser of two evils” means “you can’t avoid damage - but you can attempt to minimize that damage”. Just MHO but I’d much rather admit a mistake than have people think I’m dishonest / attempting a coverup.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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