Invalid Election

We have just had our Annual Election. There were three seats on the Board that were available. Two of us were seeking re-election.

In the 11th hour one homeowner decided she would gather proxies and vote herself in via nomination from the floor and her proxies.

There are two issues:
She presented those proxies at the meeting, typed/written/worded by her. None were notarized, and when the Board secretary didn't know how to validate them he took the phone numbers from the proxy holder and called each owner! I firmly believe that this only encourage fraud, as we have no realistic way to know if we were actually calling the owner, or that they signed it, or that they are the title holder.

Secondly, we have had a homeowner come forward after the meeting and request the sign in sheet. Each member was issued a ballot and signed for it. She has provided concrete evidenec (deed records) that show that more than one person who voted was NOT on the deed for the property.

My question: are we correct in assumingthis election is NOT a valid/legal election? Our CCR's are silent on what consitutes this.

Second question: we have been advised by a local Real estate Attorney that if the person who signed for a ballot is not a deed/title holder, and not granted a proxy, then the Board seated BEFORE the meeting is the legal one and must now conduct another election.

Third question: what if the Board who thought they had been elected decides they don't accept the 'invalid' status and refuse to participate in another election?

Bigger complication...we have an attorney on our Board who strongly favors the invalid election results so that he can elimate a Board member he hates.

Has anyone been through this? I am in Illinois

Lisa, it is the responsibility of the person signing in owners and proxies to determine which are qualified to vote. If the votes were saved then you can request a recount. If not you can provide your proof of information which could affect the results of the election and ask the Board to conduct another vote. However, if the challenge was not made at the meeting then it may be difficult to get another election.

Proxy votes are a sticky issue. We just had an election of property owners who were mailed one ballot with a raised seal impressed on it so no duplication was possible.
Our covenants require that each lot have one vote, rather than each property owner having a vote. We indicated on each ballot how many lots (votes) each owner has.
The returning ballots will be counted by a person who does not live within our Association nor has any interest in the outcome of the election.
We are hoping that this works to the satisfaction of all.
The ballot is secret up to a point: that is, if only one voter owns 4 lots, for example, we would know from the returned ballot who that voter is.
That's why we are selecting a disinterested party to count the ballots.
We could have mailed out four ballots (one vote each) but it's more expensive that way.
Proxy votes really aren't needed if you give each voter 30 days to return the ballot. That is sufficient time for absentee owners to vote.

To clarify...we are new at this. This is our second election.

We did have a list of 'eligible voters'. However, those in questions were from the original portion of the list given to us at turnover. Shame on us for not rechecking them. But, when they are handed to you by an attonrye you assume they are correct...

We need not worry about a quorum, as we have fairly consistent turnout. Our problem is our CCR's are not well written, and we generally find the loopholes when an issue comes up. However, one of this magnitude has not.

It has gotten quite nasty...voter intimidation,defamation,dissemination of private Board correspondence throughout our community by the 'new' Board member. Not pretty- and ripe for legal action.

All involved- new Board and 'old' will be meeting to schedule a new election. The only good thing to come out of this is that people are talking and asking questions. Apathy has been pervasive, and this is what it took to wake people up.

I am curious...if we allow absentee ballots, will we see a lot of 'campaigning' for votes? How to you garner votes if you don't get to speak publicly?

As well, advice on a legal and binding proxy- what does it need to contain?

many Thanks!
Lisa

Having a lot of campaigning for votes would be refreshing to see. With apathy this seldom happens. There is nothing which prevents one from speaking publically. One format is to seek qualified candidates and provide information about each candidate in advance in a newsletter.

Following is a proxy I developed:

PROXY for the Annual Meeting of the Homeowners of ____________ Homeowners Association, Inc.

I, the undersigned Owner of the property at (street address), hereby appoint (name of a member or a person at least 18 years of age) as my proxy with full power of substitution, to vote on my behalf in respect to all matters that may properly come before the Annual meeting on (date) and at every adjournment thereof, to the same extent and with the same powers that I would be entitled if personally present.

This proxy shall be void if I or another Owner of this property is personally present.

_____________________ ______________ ___________
Homeowner’s Signature Print Name Date

What if you realize that a long standing Board memeber is not on the deed? The Board memeber has also been on the proxy list to be assigned proxy votes in many elections. Also, the board only asks for one signature on the proxy letter. If there are two deed property owners and one one signs, can the board count that proxy as 2 or does it have to have both signatures? Are lauitsuits brought by that Board invalid?

Also, what percent is needed for you to reach a quorem? It covents states 2/3rds and the Board keeps saying a quarter is present therefore a quorem is met. Would the pending lawsuit be invalid?

Are the rules for Proxies expressly written in your Covenants?