Election Fraud Status Of Elected Board Members?

You will have to prove that the forged votes made a difference in the outcome. What you have posted here is not enough info.

If the election is deemed null and void, another election will be held and anyone can run again, according to your documents.

Do you want to make certain people ineligible for office?

The votes did make a difference. There is a major assited living facility in our association that has the right to vote a block of over 130 votes. The owners pay dues on 130 units so therefore they get the votes. It was discovered that the block ballot for 2008 contained the name of an executive director that had not been with the facility for three years. The ballot this year contained a forged signature of the the current director. She signed a affidavit indicating that a. it was not her signature and b. she did not participate in the election because she didn't know any of the candidates. Does that help?

What a mess - Too late to do anything about the 08 election.

You must act quickly if you think the 09 election was fraudulent. Again, the results MUST be shown that they would be different, if it weren't for the "fraud.'

If the facts are presented to the board, they may HAVE to declare the election null and void and order it to be done again.

Since that probably won't happen, in the meantime, you could hold a special meeting of the members to present the facts, recall the board and hold the election again. Be sure to follow your documents.

A recall and new election is the best way to go, IMHO. And be sure to have an election committee verify all votes and count the results. Keep board members and management out of the election process. Call in an outside consultant, if needed.

RobertG,
The answer to your question is, "Who knows the answer to what might happen in the future."

Reality, if we are hearing straight, is: you have to deal with todays problem today, anything you do that is not directed to solving that problem is compounding your situation.

If there is fraud, that is at least a minor crime, and you say cover it up because it might cause a problem someplace else. You cover it up and someone will drag you into court as contributing to the illegal action. This is not at the Richard Nixon level, but same criminal stuff.

Just my opinion RobertG

Pete,
Mary knows her Arizona stuff and is no doubt right.
However, you can bring suit out side the HOA or as she says you can really get to know your documents.

Personally, no matter how you do it (work for change) you and who ever else (make it a joint venture)need to get on the record of finding out what is going on.
You do that by appearing before the Board and demanding the Board read into the record your concerns. You request a written reply from the Board/M/C or whatever. If they do not respond get a lawyer and have him write them a letter, then take his advice.

I don't know what is going on out there, it sounds valid and certainly not that unusual and the causes are usually the same. Uncontrolled power and owners neglect. Your lawyer would have to tell you what method to use to effect change. Who controls the power...............always the people.

It is a long shot for the AG to get involved but they have before as you probably know. In 2005 the legislation removed the poxy vote from the equation so there is an interest in voting procedures. Thanks too for the statute reference, we have that in hand, it is tough to get a majority of people to do anything these days but if that's what it takes we will have to give it our best shot.

I ran across an aticle while doing research on the subject yesterday but can not sight the article off the top of my head. I think the issue was voter fraud and it was related to an HOA. Again, this had to do with the question of proxy votes and was not related to our situation directly.