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Written Ballots

Started by GeorgeN5 • 14 replies • 262 views

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GeorgeN5 (Texas)
Posts: 2
Posted:
Can the Board of Directors include a recommendation for voting on a particular measure that appears on a written Ballot?
For example, is it appropriate for the Board to include the statement: "The Board encourages a YES vote on this measure" , and then give the voter the opportunity to check off YES or NO?
SheliaH (Indiana)
Posts: 6,964
Posted:
I wouldn't put it on the ballot - it's unethical (although not illegal). You'll have to check your bylaws to see what they say and I suspect this isn't addressed. If the board feels strongly about a topic, present those separately and prior to the vote.

When we had a vote to get rid of our pool, the board provided the reasons why it recommended this in a separate letter, including statistics and numbers. If someone wanted to write something presenting the other side, we would have included that, but no one asked about doing this. We did have some people who wrote against closing it and published them m in the newsletter.

When the ballots were mailed, there was no mention of the recommendation and eventually the community voted to close the pool for good.

All of that said, homeowners are adults and should be able to make up their own minds about any association issue and vote accordingly.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Is it on the ballot itself OR is it on a directed proxy (as some think directed proxies are ballots)?
KerryL1 (California)
Posts: 14,550
Posted:
Texas non-profit corps. code or HOA codes may say something about this topic. I'd take a look at TX Section 209 for an answer.

In Cali, if the Board publicly takes a stance about a ballot using HOA resources, any owners has the legal right to HOA resources
KerryL1 (California)
Posts: 14,550
Posted:
Texas non-profit corps. code or HOA codes may say something about this topic. I'd take a look at TX Section 209 for an answer.

In Cali, if the Board publicly takes a stance about a ballot using HOA resources, any owners has the legal right to HOA resources
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By GeorgeN5 on 07/20/2024 12:07 PM
Can the Board of Directors include a recommendation for voting on a particular measure that appears on a written Ballot?
For example, is it appropriate for the Board to include the statement: "The Board encourages a YES vote on this measure" , and then give the voter the opportunity to check off YES or NO?

In CA this would be illegal because the board can’t use association funds for campaign purposes in any election.
TerriS6 (California)
Posts: 3,284
Posted:
As Kerry said if any candidate or member is allowed to use association media to express a point of view during election, then any other member must also be allowed. Civ code 5105a1.
KerryL1 (California)
Posts: 14,550
Posted:
Nice citation y Terrie re: Calif.

BUT, GeorgeN, there are some good posters form Texas who might see your post. It might matter whether your HOA is a condo??? Please specify.

I assume the rec from the Board is on some sort of cover memo/letter and not on the ballot itself? Or IS it right the ballot as you seem to indicate, George?
WendyM5 (North Carolina)
Posts: 1,522
Posted:
for passing bylaw or declaration amendments i think its' fine, but not for endorsing elections.
vis ta vie
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I see no reason why a BOD cannot suggest a suggested way to vote.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I see no reason why a BOD cannot suggest a suggested way to vote.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By JohnC46 on 07/20/2024 9:48 PM
I see no reason why a BOD cannot suggest a suggested way to vote.

How about this? Why should homeowners who are opposed to the measure pay for a document promoting the measure? Nothing prevents individual board members from using their own funds to promote a measure.
KerryL1 (California)
Posts: 14,550
Posted:
In Calif HOAs (all kinds), if a Board, using HOA resources, e.g., postage, mgmt. staff help, urges, say, a "yes" vote on an amendment to the CC&Rs or bylaws in a letter or e-blast, any owner may use those same resources to express opposition to the board's recommendation.

If, too, the Board publishes such a plea in the HOA's newsletter, any owner may offer their opposition in that newsletter on the HOA's dime. If the board in a meeting room holds a "vote yes" event, any owners may host a "Vote NO" event in such room without paying any deposits or use fee.

So... when our Board & I, a then-newly retired director, wanted our 80 page restated CC&Rs approved, we 7 divided the entire HOA into "districts, and each of us did everything possible to get a yes vote from each district's ownrs.. Owners may have email addies of all owner, so I did most of my promotions of a yes vote that way. I also distributed homemade flyers under the doors of many condo units when I knew the owners resided in it (vs our 25% absentee owners). One director sent out mailers at his expense.

The Board could and did hold contests & drawings and post flyers to all to vote--but NOT in any particular way.

This way, every owner has a potential counter-voice, not just Board members who, as we've seen on this forum many times, can be self-serving, etc.

But we do not know about Texas.

TerriS6 (California)
Posts: 3,284
Posted:
Kerry, these are two separate laws. Under no circumstances may a board use association funds for campaign purposes in any kind of election - Civ Code 5135(a) - only can spend on actions required by law like mailing ballots.
However, if an individual candidate or member is allowed to use association media to promote a candidate then any other candidate or member must be allowed the same access 5105(a)(1).
TerriS6 (California)
Posts: 3,284
Posted:
In fact, in CA, if a board urged a "yes" or "no" vote on an association mailing, it could be subject to (up to) a $500. fine for doing so.

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