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DeAnnW (Virginia)
Posts: 18
Posted:
I am trying to find any documentation that says no voting may be done by mail. Or something that specifically states a vote must be done in person or by proxy.

I have documentation that a secret vote is allowed for the annual board member vote. I am looking for info regarding voting by mail for bylaw changes at the annual meeting.

Background:
the board wanted to update some bylaws at our annual meeting, we sent out the proposed changes with the annual ballot for board memebers. The vote for both board members and accpet or reject the proposed bylaw changes, were supposed mailed back and tallied by the holder of election. We have some owners telling us this is completey wrong, but I am having trouble finding proof correct or incorrect either way. They cited 55-515.1 Amendment of declaration and bylaws; consent of mortgagee. Upon research I found out, that does not apply in this case.

Please help, I just want to make sure this is done correctly.

As the Pres, I cancelled the vote completely, our meeting is Sunday and I still don't have a clear answer. Some people are gonna be mad and I would like to be able to answer their questions having the most knowledge on the subject possible.

thank you
JulieS (Georgia)
Posts: 412
Posted:
I would contact an attorney.
RogerB (Colorado)
Posts: 5,067
Posted:
DeAnn, if you found out the complain cited 55.5151 (and I have no idea what that says) was research by you and found out it did not apply then I don't think you should have cancelled the vote. Your procedures appear to me to have been proper regarding the voting process; but I do not think you alone had the authority to cancel what appears to have been a proper vote.

It appears your By-laws allow voting by ballot since you did this as part of the process to elect board members. If the exact proposed amendments to the By-laws was presented for voting by ballot it can be done by the same process unless your documents state otherwise. Consent of mortgagees is usually on required when it is a very significant change. Also, often the Declaration will have a clause on "eligible holders". This clause allows you to ignore any mortgagee who does not register their current address with the HOA.

In summary from what you presented, everythin seems to have been done properly.

Good luck.

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