HOA Voting by Email??

Started by KatherineP • 3 replies • 1427 views

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KatherineP (West Virginia)
Posts: 13

Posted:

Recently my HOA had an election for HOA members and several changes to some rules (in our HOA Handbook - which is not the same as CC&R). While it's not simply the outcomes of the elections that I am at issue with - it's the HOA presidents' integrity that are especially of issue as he has done a few things in the past that are very questionable (lying about rules so does not have to enforce them, accounting tricks to overcharge etc). I believe email is not legal proof of a vote (that is would not stand up in a court of law) as it can be easily forged. HOA voting, as I understand it, is supposed to take place with each member physically present and then by a variety of methods (show of hands, ballad etc). As it is, the HOA President is the ONLY person whom we have to verify the tally of the votes on a number of issues - and after the games he's played (and as the popular saying goes) I really don't trust him anymore than I could throw him. I would like some feedback on voting practices etc.

Thanks :-)

MaryA1 (Arizona)
Posts: 7,043

Posted:

Katherine,

Your bylaws should state how voting is conducted, i.e. " . .members may cast their votes in person, by mail-in ballot or by proxy. . .".

Some bylaws will state who is resp. for counting the votes. If it's not specified then the BOD may decide who shall take care of this function. IMO, the proper method is for the BOD to appoint a teller committee comprised of so many members who are not board members or candidates (or spouse of candidate). AZ requires mail-in ballots -- ours are counted by our PM and the results announced at the annual meeting.

It appears you have many issues with the conduct of your Pres. Is it only you or are there others in the community not satisfied with his conduct? Have you thought about a recall election? Board members serve at the pleasure of the members of the HOA. If a majority of the members aren't concerned about the conduct and mgmt skills of their board members then those board members can pretty much do as they please. Apathy is one of the worst problems in many HOAs.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Some boards have an election committee. Try to get one established.

What do the other board members think?

I am always amazed how much power is given to one person on the board,whether this is the president or treasurer. Are the others just sitting on their thumbs/

SusanW1 (Michigan)
Posts: 5,202

Posted:

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