|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
| Reserve Fund Resources (National Reserve Planning Tools) |
| If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More… |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
BB2
(Missouri)
Posts:26
 |
| 07/21/2008 12:07 PM |
|
| A ballot was mailed out and request that yes or no be marked also signed and dated shouldn't these signatures be notarized? Anyone in the HOA could make copies sign someone elses name and return them. |
|
|
|
|
MicheleD
(Kentucky)
Posts:1722
|
| 07/21/2008 2:04 PM |
|
To what end?
Only one vote per lot is allowed, right?
So if someone ends up having TWO votes, then the vote fraud would be unmasked, wouldn't it?
The ballots are part of the records that residents can see and review.
If someone questioned the outcome of a vote, then it would be easy enough to determine if Bob Loblaw actually sent his vote in or not.
It's hard enough to get people to participate in most HOA business, asking that they get their mail-in ballots NOTARIZED would be one more barrier to participation.
I'd even be disinclined to vote if I couldn't just sign it, date it and mail it back in. And I'm on the board!
|
|
|
|
|
DonnaS
(Tennessee)
Posts:2853
|
| 07/21/2008 3:11 PM |
|
BB2,
Normal voting procedure for associations consists of TWO (2) envelopes, one inside of the other. The inside envelope contains the vote sheet with the amendment or candidates or whatever. That is where a yes or no goes. It is sealed up and placed inside an outer, identification envelope.
That outer envelope has the name of the designated voter, address and or unit number of the voter. That is all!! Now the Board or office should have a list of the members names and their addresses.
As they come in, all you do is check off on the list, the envelopes as they come in. You now have a record of any and all votes. If a duplicate shows up, it is invalid. Don't make so much work out of a simple function. Notorized is a fast way to kill any chances of maximum member participation. |
|
|
|
|
MaryA1
(Arizona)
Posts:2259
|
| 07/21/2008 6:44 PM |
|
BB2,
Unless required in your gov. docs. or by state law, ballots are not generally notarized. Coincidentally I just read an article written by an HOA attorney here in AZ discussing this very issue. He stated the only time to require a ballot be notarized is if the board has reason to believe it has been fradulently cast. |
|
|
|
|
BrianB
(California)
Posts:1742
|
| 07/22/2008 7:42 AM |
|
most businesses do not make their shareholders notarize their votes: if you did go down that path, do you require proof of identity AT THE MEETING as well?
I agree with everyone else: if i had to pay $10 just to cast my vote (and in Cali, the state law requires notaries to collect a minimum $10 fee), i would be disinterested, and in effect, you just created a poll tax.
It's probably not illegal for a business to do that, but why would you want to do something that is specifically banned in our Constitution for the government to do?
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|