Changing A Vote

Started by LindaS12 • 12 replies • 1702 views

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LindaS12 (Florida)
Posts: 13

Posted:

What if a Board Member cast the vote, at the annual election, winner's names were announced to members present, and the meeting was adjourned. Then...the Board member said that the person voted for was not the intent. Another board member was the intended person to receive the vote, and a "corrected ballot" was made but not in front of members. This was done after the meeting was adjourned. Most who attended the meeting have no idea what the BOD has done.

LindaS12 (Florida)
Posts: 13

Posted:

Anyone? Thoughts? Suggestions?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Too late. Once the announcment was made who won, it was too late.
She had no right to create another ballot or to touch the other ballots.

Why doesn't your board member know that?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Linda:

Statute examples would be:

If you are a condominium:

718.112 Bylaws. —
d) Unit owner meetings.—
Then under (3) (a) the following sentence in this section states:

The regular election must occur on the date of the annual meeting.

If you are an HOA:
720.306 Meetings of members; voting and election procedures; amendments. —
(2) ANNUAL MEETING.—

Where in the paragraph it states:

The election of directors, if one is required to be held, must be held at, or in conjunction with, the annual meeting or as provided in the governing documents.

Therefore, one could conclude that the election took place and stands as noted during the annual meeting for homeowners. Everyone is responsible for casting a proper vote at that time.

LindaS12 (Florida)
Posts: 13

Posted:

Because they make up their own rules to suit their needs and do whatever they want to do. The BOD actually stated that the HOA attorney agreed that it was OK to make the corrected ballot b/c of "the intent of the voter" should be honored. I say that this action is a violation of The Sunshine Law, at the least. But....the community manager stated that The Sunshine Law does not apply to HOAs. I do not think that is a correct statement. Again...rules to suit their needs.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Here is the link for your state statutes:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XL#TitleXL

Chapter 718 – Applies to Condominiums
Chapter 720 – Applies to Homeowner Associations

LindaS12 (Florida)
Posts: 13

Posted:

Hi Janet...I am aware of state statute 720.306 as is the BOD. I have repeatedly quoted this statute, but to no avail. The community manager also stated that "this statute only applies to communities at Turnover". The manager was stating this b/c I questioned the continued use of empty lots at each election to keep electing the same BOD at every election. And...yes there are other residents willing to sit on the BOD. We now have over 1100 homes and only 99 lots left to be sold. We are a residential community of houses.

LindaS12 (Florida)
Posts: 13

Posted:

Susan thanks for your comment. I agree once the vote was cast, read, and meeting adjourned it should stand. That is not how this BOD operates. It is b/c the BOD consists of people who will not disagree with the president. If they do....they are history! I guarantee if I had wanted to change my vote I would not have been allowed to do it.

JanetB2 (Colorado)
Posts: 4,219

Posted:

How does anyone know what the intent of the owner was at the time the ballot was cast at the meeting? This potentially appears to be a method to try to manipulate the actual outcome of the votes cast by all owners during the proper meeting.

An absurd example would be individuals after a presidential election, then state they intended to vote for the other party just because they did not like the outcome. Are they then allowed to change their vote?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Linda ... There is always this section of the statute:

720.306 (9)

Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division.

And 718 makes the comment:

(5)DISPUTES INVOLVING ELECTION IRREGULARITIES.—Every arbitration petition received by the division and required to be filed under this section challenging the legality of the election of any director of the board of administration must be handled on an expedited basis in the manner provided by the division’s rules for recall arbitration disputes.

These statutes govern ... they are not just for "turnover".

LindaS12 (Florida)
Posts: 13

Posted:

Yes Janet I know. But when a BOD like we have are in place it is going to take everything to get them out of office. They are not going to willingly acknowledge they did anything wrong...as usual. I have considered asking the 2 main members to step down voluntarily to have it documented, even though I know they will adamently refuse.

SusanW1 (Michigan)
Posts: 5,202

Posted:

And I'd look into getting another lawyer.

To put the "intent" of one person above the results of a closed election is ridiculous.

I'd lso look at the motive of this very "visible change of heart" of this voter. Votes are supposed to be private and anonymous. Why the big show?

Looks like politics to me.

Ignore it this time, especially because it does not change the outcome of the vote. If it ever happens again, start yelling "point of order" and move to declare the entire election null and void due to ballot tampering.

Write a letter to the board, make sure it gets acknowledged and read into the minutes of the meeting. Copy it to the lawyer, too.

LindaS12 (Florida)
Posts: 13

Posted:

Thank you Susan for your input. I did object at a meeting that was just held as did one other person there. The other person was told in so many words to get a lawyer if they did not like it. It is very hard to ignore this. So many other things have been ignored for so long. This is the worst of all they have done. It is a slap in the face of all the homeowners, and the law.

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