Utah condo not for profit hoa codes

Started by KarenE1 • 1 replies • 1239 views

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KarenE1 (<Click to Select State>)
Posts: 1

Posted:

I am a trustee on a "not for profit" condo association in Utah. We are having discussions about voting for new trustees by proxy.Are there any codes dealing with voting by secret ballot for new trustees or can an owner designate another owner or board member to vote their proxy for a new trustee? Our bylaws state"The election of Trustees shall be by secret ballot". Does this mean the proxy is secret until opened or must there be a separate, secret ballot?
Thanks for your input.
Karen

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Karen,
Check your state statute for condo laws. Should be on file or on-line at you court hopuse.

You state trustees (Board Members) shall be elected by secret ballot. I see nothing there that indicates Proxies can be used at all. All ballots are sealed until the time of the annual meeting. Counted by an appointed committe, with consideration to include any varied units.(Such as large units, small units, townhouses, etc). The count is done at the meeting break and announced when the meeting is opened again. I suspect consensus seems to be that proxies should not be assigned for Board elections. It is plain wrong for board to compile large numbers or any number of votes that the Board can vote their choice. If you don't do this don't start it and send out a ballot to each unit and a second envelope to be sealed and another envelope that the small envelope is placed and then returned to the office, One selected person will keep all envelopes until day of voting.

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