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Started by DeborahB6 • 6 replies • 1277 views

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DeborahB6 (New York)
Posts: 34

Posted:

Homeowners in my community will soon be voting to fill 3 expiring terms on the Board. Four candidates are currently running for the available 3 positions. The Board informed homeowners that they must vote for 3 candidates or their ballot will not be valid and will be thrown out. Past practice has been that homeowners could vote for UP TO 3 candidates. We have checked our CC&R's and nothing is specifically stated about this practice. Many homeowners are wondering if the current practice is legal. Does anyone know?

GlenL (Ohio)
Posts: 5,491

Posted:

Deborah whether or not it is "illegal" would be a question for an attorney and that's not what we do here however I would say it is improper. I know I regularly choose not to vote for either party in a general election if I don't like either candidate and to the best of my knowledge my vote for other candidates is still counted; even if I write in Micky Mouse.

I would ask the Board where that rule came from, why the change and what gives them the power to change it. In the mean time if I were you I would research the NY HOA laws and the non-profit statutes to find out if it is allowed because each State is different.

Studies show that 5 out of 4 people have problems with fractions

DeborahB6 (New York)
Posts: 34

Posted:

Thanks so much for your reply, Glen. We also feel that we should be able to vote as we do in general elections. That's why the question came up. I have checked the NY laws but can't seem to find anything about it.

AnnJ1 (Florida)
Posts: 122

Posted:

Deborah,
From a parliamentary prospective, your BOD has misinformed the homeowners.

If Roberts Rules of Order are the parliamentary authority for your HOA, please refer to RRO, 10 edition, page 402:
"the blank spaces in no way affect the validity of the spaces filled on a ballot"
That is to say, by declaring the ballot invalid if 3 votes are not cast, the voter has been denied his/her legal vote(s) should he/she only voted for one or two.
Your past practice is proper and commonplace in all orgnizations I have experienced. I would further recommend your BOD read Roberts regarding the treatment of abstentions pertaining to voting.

Hope this helps,
Ann

DeborahB6 (New York)
Posts: 34

Posted:

Many thanks, Ann! That helps us a lot!

Deborah

MaryA1 (Arizona)
Posts: 7,043

Posted:

Deborah,

I think your BOD has it backwards. If a member votes for "more than 3" then their ballot would be voided. Voting for less than the number of open seats should not be cause to void a ballot. BTW, I doubt you'll find this addressed in your gov docs and/or state law.

DeborahB6 (New York)
Posts: 34

Posted:

Thank you, Mary! It is comforting to know that others think the way we do. We'd just like to feel as though our elections are fair and similar to other general elections.

Deborah

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