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KathieK (Michigan)
Posts: 2
Posted:
Hi, I live in MI and recently (2022)our bylaws were revised, when we were informed, “It passed”, I asked for the tally of the votes. I have had so many excuses given to me,
“I have to check with the board if I can give out that info…” (pm)
“I’m sure I can get that info, email me in 2 weeks and remind me. (new pm)
“It’s somewhere buried in electronic paperwork, I’m working on it.” (pm answering my email)

I submitted a formal inquiry on pm portal and was told that information was not accessible (even to them) but the could confirm that the required votes were received and It had indeed “passed”. I never implied that I thought there was anything shady about the results, I was curious because I know a number of co-owners who voted NO, and there are about 360 units. I always inquired in a friendly and polite manner. The last response (above) was given to me and marked “ticket closed”.

The vote was handled by a management company in their last month with our property. We had to send our vote to pm in or hand ballot to a board member.

I know they needed 2/3 of the qualifying co-owners to pass and we’ve been told it had been recorded. It just seems like we should have been provided with the vote results when they informed us in our newsletter: GOOD NEWS! IT PASSED!

BTW we still haven’t received a copy of the revised bylaws!

Long story, but are entitled to the breakdown of votes and total votes received?

ElleN (Idaho)
Posts: 4,420
Posted:
Is this a condominium?

In your posts, please always indicate the type of HOA (condo or non-condo).

Michigan has a Condominium statute. If it applies, it may make a difference.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KathieK on 04/29/2024 11:58 AM
I was curious because I know a number of co-owners who voted NO, and there are about 360 units.
My bad. From the above I will assume this is a condo subject to the Michigan condo statute. You need to double check that the latter applies.
ElleN (Idaho)
Posts: 4,420
Posted:
The Michigan Condo Act at 559.157 says:


(1) The books, records, contracts, and financial statements concerning the administration and
operation of the condominium project shall be available for examination by any of the co-owners and their
mortgagees at convenient times.


See http://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-59-of-1978.pdf

Your bylaws may say similar.

The ballots are records. You have to write an emotion-free, just-the-facts "demand letter light," citing the statute and your bylaws as appropriate to the board to get it to let you examine the ballots. Send the letter by certified mail to the manager.

Expect resistance. You may have to lawyer up.
SheliaH (Indiana)
Posts: 6,964
Posted:
And you haven't gone to the board about any of this because.....? The property manager works at the board's direction so if there has been a change there, there could be a communication breakdown

Just because you know people who voted no doesn't mean the measure was actually voted down. I do agree that if it did pass, no one should have trouble posting a statement on the website or in the community newsletter saying something like "we received X number of votes, which made up X percentage of the community. Of those, X number voted yes and X voted no, so the measure passed" You know or should know what your documents say about voting for this stuff - how many votes per unit, what percentage is needed for something to be passed (yes or no).

For example, you need 2/3 of the qualifying homeowners to vote yea or nay (75%). If it's one vote per unit, simple math will tell you much is 75%. One vote per unit also means only one homeowner for that unit casts the vote, so if there are co-owners, they need to decide among themselves who will cast the vote and what it will be. Qualifying homeowners usually means who's listed on the deed and that homeowner should be current with all assessments, although delinquent homeowners can usually still vote for amending the documents (they can't vote in board elections or run for a spot). Finally, if no one voted, that can't be counted as an automatic yes or no, but that may affect whether the required percentage was reached. So, it may be some of this is still being worked out and perhaps someone was premature in saying the measure passed.

Go to the next meeting and speak up - bring your neighbors with you, as they may also be interested in the answer (and you're less likely to be blown off because there are witnesses).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
This was all one in 2022? If so, KathieK, and IF you were in Calif., Board/association may discard all ballots one year after the election*. What about MI? Assuming your HOA is a non-profit corp, MI nonprofit corps codes might help.

The election seems odd. Ballots could ONLY be given to the PM or to any board member? And what did these ppl. do with the ballots?? Were they counted at a board or members meeting? Could ownrs attend & watch the tabulations as in some states?

What the heck do your, um, current Bylaws say about how elections must be held???

You wrote: "...we’ve been told it had been recorded." WHO told you it's recorded? When? If it's "recorded," where?? County? "Recorded" should member that any member of the public can review it?

2/3rd to pass is unusually high to amend the Bylaws.

I feel like I''m missing some pieces of this issue

*. In CA, the breakdown of the the votes must be announced as soon as tabulation is complete. Those numbers also must be posted somehow within 15 days
KathieK (Michigan)
Posts: 2
Posted:
Thanks for your comments and suggestions, precovid all voting was done with tellers. During Covid the management company handled the count and the the then board members announced that this was to be how all voting will be handled. There was a lot of opposition expressed only to be told that the decision was final. All board meetings are closed, with exception of the annual and the financial. We are working to get new board members elected, most of our directors have been on the board 10+ years. I have been very careful to always maintain that my motives for requesting the results are not because I suspect any wrong doing. I fear retaliation and that is the reason I didn’t request it from a board member. I guess I need to just drop it, I posted it here because I was attempting to find out if this is standard procedure in voting situations.

I reall do appreciate your input and will take the advice you have given me,
Thanks, Kknote

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