LisaS (Illinois)
Posts: 341
Posts: 341
Posted:
We have just had our Annual Election. There were three seats on the Board that were available. Two of us were seeking re-election.
In the 11th hour one homeowner decided she would gather proxies and vote herself in via nomination from the floor and her proxies.
There are two issues:
She presented those proxies at the meeting, typed/written/worded by her. None were notarized, and when the Board secretary didn't know how to validate them he took the phone numbers from the proxy holder and called each owner! I firmly believe that this only encourage fraud, as we have no realistic way to know if we were actually calling the owner, or that they signed it, or that they are the title holder.
Secondly, we have had a homeowner come forward after the meeting and request the sign in sheet. Each member was issued a ballot and signed for it. She has provided concrete evidenec (deed records) that show that more than one person who voted was NOT on the deed for the property.
My question: are we correct in assumingthis election is NOT a valid/legal election? Our CCR's are silent on what consitutes this.
Second question: we have been advised by a local Real estate Attorney that if the person who signed for a ballot is not a deed/title holder, and not granted a proxy, then the Board seated BEFORE the meeting is the legal one and must now conduct another election.
Third question: what if the Board who thought they had been elected decides they don't accept the 'invalid' status and refuse to participate in another election?
Bigger complication...we have an attorney on our Board who strongly favors the invalid election results so that he can elimate a Board member he hates.
Has anyone been through this? I am in Illinois
In the 11th hour one homeowner decided she would gather proxies and vote herself in via nomination from the floor and her proxies.
There are two issues:
She presented those proxies at the meeting, typed/written/worded by her. None were notarized, and when the Board secretary didn't know how to validate them he took the phone numbers from the proxy holder and called each owner! I firmly believe that this only encourage fraud, as we have no realistic way to know if we were actually calling the owner, or that they signed it, or that they are the title holder.
Secondly, we have had a homeowner come forward after the meeting and request the sign in sheet. Each member was issued a ballot and signed for it. She has provided concrete evidenec (deed records) that show that more than one person who voted was NOT on the deed for the property.
My question: are we correct in assumingthis election is NOT a valid/legal election? Our CCR's are silent on what consitutes this.
Second question: we have been advised by a local Real estate Attorney that if the person who signed for a ballot is not a deed/title holder, and not granted a proxy, then the Board seated BEFORE the meeting is the legal one and must now conduct another election.
Third question: what if the Board who thought they had been elected decides they don't accept the 'invalid' status and refuse to participate in another election?
Bigger complication...we have an attorney on our Board who strongly favors the invalid election results so that he can elimate a Board member he hates.
Has anyone been through this? I am in Illinois