ELECTION WOES

Started by JohnG5 • 7 replies • 1608 views

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JohnG5 (Florida)
Posts: 7

Posted:

Fla HOA recently had annual elections --- In the Vote for Director there was a One(1) vote difference.
A request was presented to the Association requesting a recount.
Some members are asserting that because our ByLaws do not address the issue of recounts none are allowed.
As a result of the recall request, some very creditable reports of more than one vote for a candidate (cumulative voting) and improper marking of ballots, such as circling or underlining the candidates name -instead of an X as instructions on the ballots require.
To further complicate matters it appears that permission and/or advice was given to voting members that these actions were permitted. Again some are saying that these ballot should be ruled VALID due to the advice and/or permission.
Another faction wants to Invalidate the entire election and start over. This would require re-seating the old board.

The Annual election was held in accordance with the DC&R, newly elected members were seated and new officers elected as set forth in the DC&R. In between these two actions many impropiates occured as outlined above.

MY STANCE IS:

recount is allowed as requested.

ALL improperly marked ballots be ruled INVALID and not be counted.

we can't go back in time -- so we take what we have -recount and move on with business

So what seemed to be a simple recount for one seat on the BOD has turned into a matter that will affect the outcome of every candidate and issue on the ballot for the annual election.

WOULD APPRECIATE SOME FEEDBACK AND ADVICE ON THIS

WayneB3 (NV)
Posts: 51

Posted:

Give 'em both the job. You can't have too many volunteers.

DonnaS (Tennessee)
Posts: 5,671

Posted:

John,

Shortly after the 2004 Presidential elections,I saw a bumper sticker that said

"IF YOU THINK WE CAN'T DRIVE, YOU SHOULD SEE US VOTE"

So to your election woes. Number one. Do a recount. It is done all of the time. Have a committee 0f 7 members sit and each one marks down the votes, have every vote verified by other counters.

Ask a couple of members to spot or stand behind the counters. DO NOT ALLOW ANY BOARD members in the counting area. There is noting in the statutes ir laws saying that you cannot.

How many members are there in total?

We do allow X's, check marks and black outs to count. Some people just plain do not follow instructions but they did make an effort to vote. Underlining a name is not valid. Any instructions or okays from any member is just to be ignored as they had no authority to do so. You cannot redo the election, that is against Statutes.

ByLaws would never address this so don't let that be an arguement

SusanW1 (Michigan)
Posts: 5,202

Posted:

Usually, the president appoints a "Teller" - a person or small group of persons who actually monitor the voting process. (no board members, just three generally trustworthy members) They verify the ballots and do the official count, which is given to to the President to announce. ("On the motion to recall Ms. Z from the Board, the vote is 25 yes, 12 No, 4 invalid votes due to imprpoper ballot markings")

EACH recalled board member should have had his/her own ballot and separate vote.
Each ballot is based on a single motion.
Usually, it is a 2/3 vote on a recall for the motion (that Mr. X be removed from office) to pass.

The time to protest the vote was at the meeting. Unless those ballots were under lock and key, they are no longer valid, either.

The President can announce that the vote is null and void, due to voting irregularities. The next vote must be a special meeting for that purpose only, and announced as required in your bylaws.

The above statements are based on basic Parliamentary Procedure, however YOUR BYLAWS MAY HAVE SPECIAL PROCEDURES TO FOLLOW.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I had assumed this was a RECALL vote, not an ELECTION. Is that correct?

JohnG5 (Florida)
Posts: 7

Posted:

No Susan NOT a recall vote -- but an annual meeting to elect three(3) new members to replace the old members whose term of office had expired.

The issues involved were --APPROVAL OF 2008 BUDGET--

PROPOSED CHANGES TO THE COVENANTS AND RESTRICTIONS

JohnG5 (Florida)
Posts: 7

Posted:

DonnaS

THANKS

Total number of members of BOD is nine. Three elected each Annual meeting

Can you give me any reference as to the Statutes about redo of elections

It appears that the majority of contested ballots will be where there are multiple votes for a candidate on the same ballot ---prohibited by our Bylaws ( THERE SHALL BE NO CUMULATIVE VOTING)

DonnaS (Tennessee)
Posts: 5,671

Posted:

John,
As far as I searched, I find no reference to allowing a redo.

Below is a section from 617;0721, Which is the NOT FOR PROFIT CORP. Statutes
under Voting By Members.

(4) The articles of incorporation or the bylaws may provide that, in all elections for directors, every member entitled to vote has the right to cumulate his or her votes and to give one candidate a number of votes equal to the number of votes he or she could give if one director were being elected multiplied by the number of directors to be elected or to distribute such votes on the same principles among any number of such candidates. A corporation may not have cumulative voting unless such voting is expressly authorized in the articles of incorporation.

I think that this shores up your ByLaw

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