Election Votes Tampered With

Started by AngelaW3 • 4 replies • 1200 views

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AngelaW3 (Kansas)
Posts: 10

Posted:

I'm on a board that just had its yearly election and received two emails dated for 12/8 and 12/18 from the management company. The problem is that they both say final results and the results do not match. The president and treasurer have a close relationship with the manager and for two years now they have come out winning the top two positions with the most votes. These two have actually added votes for themselves AFTER the voting was over. I have publicized this to the homeowners and on our website, but people think I shouldn't pursue this problem since only 5 people ran for the board and there are 5 positions. I'm worried that if these two are able to change the votes, they could make sure that someone is not elected to the board if more people than just 5 run in the election. Isn't this fraud? What should I do next--our meeting is tomorrow. Angie

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Angela,
First, I doubt you can do anything that will change anything is such a short time frame.
You have a lot of things going on here.
First, what difference does it make who gets the most votes in five people only are on the ballot for five positions? I would strongly suggest you read your documents concerning elections. Most states consider the governing process in the following manner:
The people elect the Board (all the members). All the Board serves the people.

The Board elects their president. The present serves the Board. The Board can by vote replace the president.

The members can not vote out the President.

The members can, and do, call Special meetings to re-call all and any member of the board.

So, are you implying the # of member votes has something to do with who is elected president, this may be in error.

You need to know this with a certainty. If your elections are not being conducted with and under the laws of the state statute and your documents, you need to know this.

If, you have reason to suspect this, bring it up at your meeting, present your justification, and motion the elections be set aside until clarification, and suggest to the President the he/she name a Committee of member volunteers to verify the election procedures. Make sure you have a second, and keep the direction of the discussion on your motion. If you believe you are right and you can not force the motion, stand up and call for a "Point of Order", and make sure you get a second. The President at any time can probably repel your intent, but, it is most important that this all be part of the minutes. All this should give you some direction of what should follow.

Rationally, your Board meetings are where you should hash this out. It will come to that in the end anyway. You, as a Board member and an owner have the right to be informed why actions and procedures are done the way they are and what justification provides for these actions. Well, all things being equal, you don't have much time to study these documents, all of them. Best get cracking. Any support from the Board is invaluable and any support from individual homeowners likewise.

Let us know how this all turns out. In all probability, none of what you tells us is that unusual, it may be wrong, but as you can see, since this has been going on a while, it is not causing any smoke. Maybe a man to man private talk with the President might smooth the road and be cause for change, at least recognize if you all have a problem. Sounds to me, you do, also seems discussion among the Board members should right the ship.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By AngelaW3 on 01/07/2009 1:43 AM
I'm on a board that just had its yearly election and received two emails dated for 12/8 and 12/18 from the management company. The problem is that they both say final results and the results do not match. The president and treasurer have a close relationship with the manager and for two years now they have come out winning the top two positions with the most votes. These two have actually added votes for themselves AFTER the voting was over. I have publicized this to the homeowners and on our website, but people think I shouldn't pursue this problem since only 5 people ran for the board and there are 5 positions. I'm worried that if these two are able to change the votes, they could make sure that someone is not elected to the board if more people than just 5 run in the election. Isn't this fraud? What should I do next--our meeting is tomorrow. Angie

Angela,

First of all, if there are 5 positions and only 5 candidates, unless your bylaws state the winners must recieve a certain % of the votes, I can see no point in making a claim regarding the validity of the election. It's over and done with and the results would have been the same whether the election was conducted IAW the bylaws or not and whether the ". . .final results and results" (whatever that means!) match or not.

Because you say the Pres and Treas have won the top 2 positions, are we to understand that the members vote for the officer positions? Most assn bylaws call for the members to elect the board of directors. The board members, in turn, determine what officer position each board member will hold.

To prevent future inconsistencies in elections, perhaps you could suggest the appointment of a nominating committee to solicit candidates and a teller committee to oversee the election process. No board member, nor candidate for a board position can be a member of either committee. If you agree this would be a viable solution to any anticipated problems with future elections, start another thread for suggestions on rules for these committees to operate by. I know you will get a lot of good ideas from the posters on this group.

LynetteB (Texas)
Posts: 141

Posted:

Angela,
Our docs provide for us to have staggered terms. All 5 of our board members would never be elected at the same time. (other than the initial creation of the board).

I would work on steps to prevent tampering in the future. If you only have 5 interested in serving in the 5 positions, I see no reason to recall or anything. I do think the members should be aware of the situation though.

Just an opinion from a beginner.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The president announces the results of the election and the winner. That is recored into the minutes. The Members are notified.

I don't know why your MC is even in the mix.

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