By Laws Voting Irregularity?

Started by JoanneH1 • 2 replies • 1567 views

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JoanneH1 (Pennsylvania)
Posts: 6

Posted:

Our HOA Executive Board recently conducted a community vote regarding changes in our by-laws. The ballot stated that "ballots are to be returned by March 17, 2010". On March 18, the Secretary along with another Executive Board member and 2 volunteers (as witnesses) counted the ballots. Per our bylaws, we achieved a quorum in responses and the proposed changes did not pass since we did not meet the 2/3 majority required. The other Board members decided to keep accepting ballots and actually solicited members who did not vote to get their vote in. Is this legal? What can e do about this?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Joanne,

Based only on your posting, it sounds like it is illegal. This would be like showing up to the polls on Wednesday to vote in Super Tuesdays election.

However, I would make exceptions to anyone who had postmarks of the 17th (as this instruction said returned by vs. received by).

If the measure didn't pass, a new vote must be made not just continue the old.

I would recommend to the Board that they should seek legal advise prior to continuing on the course of action you described.

Tim

JoanneH1 (Pennsylvania)
Posts: 6

Posted:

Tim - thanks so much for your helpful response.

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