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Subject: Votes
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Author Messages
MaryJ2
(Florida)

Posts:2


06/08/2019 1:09 PM  


Do the Residence have the right to ballots that have been cast and who cast them.
MaryJ2
(Florida)

Posts:2


06/08/2019 1:22 PM  
Sorry I guess I wasn't very clear. When a vote is taken by the community: does any resident have the right to review the ballots.
most of out ballot are mailed out and returned with residence names on them. Letting anyone other than the boadrd see them...would
it be a violation of the the voting members privacy.
BobB31
(Florida)

Posts:124


06/08/2019 1:44 PM  
In our community, ballots have no names on them. They are returned in a privacy sleeve, in an envelope that shows the name and unit of the member, so the election inspectors can verify that they are from valid voters. Once removed from the envelope and sleeve there is no way to identify the voters.

Per Florida Statute (the relevant statute depends on whether your community is HOA (720), condo (718) or co-op(719) ), most records must be made accessible to members, including ballots and envelopes. If your governing docs do not allow secret ballots, then the voters will be identifiable.
MarkM19
(Texas)

Posts:404


06/08/2019 5:22 PM  
Mary,
Seems like we need a little more information from you. How did the ballots get mailed to you? What happened in your association? Please don't make us guess or draw conclusions.

Most States all have rules that the ballot goes in a unmarked envelope and then mailed in a envelope that has the HOS name, address and a valid signature in the return address section of the envelope. The Inspector of Elections usually this is the PM receives the ballots and wait to open in front of witnesses at the Annual meeting. Voter privacy should be everyone's concern.
GenoS
(Florida)

Posts:3177


06/08/2019 8:14 PM  
What kind of votes? And surely you mean homeowners and not residents (and certainly not "residence")?

Anyway, yes, in Florida homeowners have the right to inspect election materials including ballots and proxies... That does not mean they'll get to see how people voted because usually the actual written ballots do not have the voters' names on them. Ballots are sealed in envelopes and the envelopes have the voters' names on them. Once eligibility is confirmed for each envelope, the ballot is removed and placed into another box. When all the envelopes have been opened, the ballot box is opened and the votes counted. Privacy intact.
GenoS
(Florida)

Posts:3177


06/08/2019 8:18 PM  
Also, voting members are not entitled by statute to any "privacy". Any such privacy must be spelled out in the voting procedures typically found in the Bylaws.

And also, that's for a Homeowners Association. If you're in a Condo Association then there is a statutory method for voting in elections which ensures privacy, but only for the election of board members.

Votes for amendments to the documents, waiving reserves, or special assessments must be done in accordance with your Bylaws, and they may or may not require anonymous voting procedures.
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