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BB2
(Missouri)
Posts:26
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| 07/21/2008 12:07 PM |
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| 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. |
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MicheleD
(Kentucky)
Posts:1574
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| 07/21/2008 2:04 PM |
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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!
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DonnaS
(Tennessee)
Posts:2509
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| 07/21/2008 3:11 PM |
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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. |
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MaryA1
(Arizona)
Posts:1888
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| 07/21/2008 6:44 PM |
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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. |
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BrianB
(California)
Posts:1646
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| 07/22/2008 7:42 AM |
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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?
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