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Director elections

Started by PaulaR4 • 8 replies • 244 views

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PaulaR4 (South Carolina)
Posts: 22
Posted:
At recent annual meetimg of
co-ownsrs , given ballot to
vote for 3 director positioms. Fine
print at bottom of ballot states all 3 votes could be
given to one person.

No where in our bylaws is this allowed.

Is this legal? Attorney representing board is
an attorney of a board member up for
reelection. Thanks
PaulaR3 (South Carolina)
Posts: 42
Posted:
It is called cumulative voting. According to our legislature it need to be mentioned in the package that this type of voting would be allowed if mentioned in the annual meeting package to owners . We have never done this before. We have 25% of units which are owned by multiple owners. The board member running for reelection has multiple units. So her 3 votes could go all to her instead of to herself and 2 other nominated persons for director.
GuyM1 (Ohio)
Posts: 318
Posted:
I would think you're voting for more positions than one position. You're voting to fill multiple positions so it should only be one vote for one candidate. So if you had three positions to fill and there were 5 people you would vote for your top 3 picks. Seems that this is a setup to make sure certain people remain on the board!
PaulaR3 (South Carolina)
Posts: 42
Posted:
Indeed it does.
ElleN (Idaho)
Posts: 4,420
Posted:
Paula, the South Carolina NonProfit Corporation statute indicates the Articles of Incorporation have to authorize cumulative voting. See https://www.scstatehouse.gov/code/t33c031.php, section 33-31-725. Do your Articles of Incorporation say anything about cumulative voting?

Please understand that Bylaws and Articles of Incorporation are completely different governing documents.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By PaulaR4 on 03/28/2023 4:41 AM
Attorney representing [the hoa, not the board] is an attorney of a board member up for reelection.
Does the Board know this? If not, this needs to be disclosed to the board and all owners immediately. This attorney is flirting with (or possibly perpetrating) ethics violations which are also violations of state statutes.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our original Bylaws (SC) allowed Cumulative Voting. We had the Declarant remove it before turnover.
KerryL1 (California)
Posts: 14,550
Posted:
Does seem like cumulative voting when an owner, in this case, MAY or "could" use all three votes for one candidate, or 1 vote for each of the three, or 1 vote for one and 2 votes for another. The voter need not even use all three votes.

So, as ElleN advises, check your Articles of Incorporation to see if cumulative voting is permitted. It might be. Our HOA, as most HOAs these days, got rid of cumulative voting when we amended our Bylaws.
KerryL1 (California)
Posts: 14,550
Posted:
Does seem like cumulative voting when an owner, in this case, MAY or "could" use all three votes for one candidate, or 1 vote for each of the three, or 1 vote for one and 2 votes for another. The voter need not even use all three votes.

So, as ElleN advises, check your Articles of Incorporation to see if cumulative voting is permitted. It might be. Our HOA, as most HOAs these days, got rid of cumulative voting when we amended our Bylaws.

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