Can a Manager tell people how to vote?

Our BOD election is next month. I've researched our Statues and bylaws, even talked with a professional standard person. Can a manager influence people into voting one way or another? Seems to me a manager is in unique position and can in some way influence the outcome of the election. He/she would obviously favor the status quo while putting the competition in a disadvantage. Could this be considered election fraud if proven true? Would appreciate any thoughts on the subject.
Rick

as long as coercion was not used, "telling someone how to vote" is covered under that little amendment to our Constitution, i think the first one.

BTW, i agree with william. I think it is incorrect for a property manager (company) to get involved with an election. However, should they do so, i cannot think of any legal/criminal issues, unless coercion were involved.

it's their right to have an opinion. i think they should keep it to themselves.

Charles,
I appreciate your response. But, did your manager engage the residents and try to influence their vote? That's my question/concern.
RickN

Thank you William for your response. And yes, the way I see it, it puts any contending candidate in a disadvantage, only because the manager as you say is an employee. Unfortunately, nothing in our statues or bylaws addresses this issue. If the information is out there, I need to find it.
Thanks again.
RickN

Rick, any managing agent who engages in trying to influence voting is not acting in a professional manner. They should at the least be sanctioned by the Board; and if I was on the Board they better have a good record otherwise I would move to terminate their Agreement.

Hi Rick
Do you have any concrete proof that the manager is influecing voters? My concern for you here is that if you begin to accuse people without just cause then you are opening yourself to not only harassment charges but possibly a personal lawsuit putting all of your personal assets at risk!

I just answered another of your questions where you mention that the manager was fired 4 months ago and has not been replaced? Which is it? I am a little confused as to what you are trying to achieve here
and whether or not your behavior is professional and/or ethical by any means.

There may be a difference between telling people how to vote and informing them about the election and what it is for. Certainly, a manager that believes a measure proposed is beneficial for the community will have a hard time staying neutral. As for trying to influence a board election, I have certainly seen it happen, and understand why it happens, but it looks very unprofessional and unbusinesslike to see and hear a manager attempting to influence voters as to board candidates. A manager may have some insight as to whether a person running for the Board is or is not qualified to serve. The person may have been a chronic non paying owner or chronic violator of the rules and yet there is no mechanism to disclose this personal information to let the members know there may be a lack of disrespect for authority and structure. On the other hand, a new candidate may be a leader in a minority contingent who feels changes are needed, with good intentions and not deserving of biased criticism. By taking sides, and trying to influence voters, a manager may well be cutting their employment engagement short because as soon as the majority board makeup is changed, the manager may be ousted, left without a contract.

It is always best to be even-handed, diplomatic and businesslike if you are providing services to an Association, so that you gain respect and trust as a provider of services to the Association. Unfortunately, the reality is that people forget that, especially in the heat of a contested election. It's not easy to hide biases either. A manager who is following allegiances often finds themselves the target of disdain, and it goes downhill from there.

Beth Grimm
Attorney (CA)
HOA Talk Sponsor

Rick, regarding delinquent accounts you could request presenting and voting on an amendment to your By-laws. It could state something like this:
"Members who are not in good standing shall not be allowed to vote at any meetings of the Association or the Board. Any member not in good standing may be a candidate for the Board of Directors. Any member of the Board of Directors, including officers, who becomes delinquent in their assessments for over 30 days shall automatically be removed from the Board of Directors."