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RannC (Florida)
Posts: 2
Posted:
Our election results were announced at our Annual HOA Meeting by naming the 5 candidates with the highest votes. As curiosity killed the cat, two days later, some residents are asking for the number of votes each of the 7 candidates running received. Requests for this info from our property manager, who assisted in the counting of votes, gives nothing but a run around. The third request for these number is now being ignored. Do we as HOA members have a right to this info without going through the process of requesting a document review
TimB4 (Tennessee)
Posts: 21,059
Posted:
Rann,

Your right is the document review.
SheliaH (Indiana)
Posts: 6,964
Posted:
Did you ask the board? If so, what did they say? Remember, the property manager works at the direction of the board.

There’s nothing wrong with asking for the numbers – you don’t have to know who voted for who, but there should be some assurance that the election was conducted according to the documents, such as(1) everyone voting or running for a spot was eligible; (2) the number of people attending the meeting met or exceeded the required quorum; (3) only one vote per unit was cast (if that's how your community does it), etc.

Once this is resolved, I hope someone suggests that going forward, the counting should be done in front of everyone, preferably by people who have no relationship to the candidates (and maybe the property manager, depending on what he/she was supposed to do).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LoriM15 (Florida)
Posts: 1,009
Posted:
Election ballots are official records of the HOA in Florida. From FS 720.303 on which items are official records:

Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by parcel owners, which must be maintained for at least 1 year after the date of the election, vote, or meeting.

You should put in an official records request since you aren't getting a response. You must request to review the ballots in writing. You probably will have to go to the office to review the ballots and probably have to count them yourselves.

Is it really worth it? We never release the vote count so we don't embarrass anyone with low numbers.
KerryL1 (California)
Posts: 14,550
Posted:
Oh, interesting that FL doesn't require the vote count to be released. It is required in CA. It's a good that Rann may count them w/proper written request--also true in CA.

I hafta say, that it was very satisfying to hear our inspectors of election announce the vote count AT the annual meeting when 3 secretive, abusive director incumbents were defeated!
RannC (Florida)
Posts: 2
Posted:
Obviously our Management Company can not release this info without the boards approval. The BoD refuses. I agreed to send a certified document request but now I am being told that our board is checking with our attorney for a legal opinion on if I should be allowed access to them.
LoriM15 (Florida)
Posts: 1,009
Posted:
They can check with their attorney all they want and waste money on that opinion, because clearly the ballots are official records and they have to let you see them if you put in an official records request.

I would send them the certified request. That starts the 10-day clock ticking.

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