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JanL3
(Florida)
Posts:3
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| 03/06/2010 2:42 PM |
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Is there some law requirements or best practices when it comes to counting the votes for Board of Directors at the annual meeting?
If I suspect the count is not correct, is there a right for a member to have it audited? |
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DonnaS
(Tennessee)
Posts:5671
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| 03/06/2010 2:55 PM |
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Welcome Jan,
First of all, there should be some sort of a committee or a spoter watching the counting. There is no Statute for an audit of the ballots cast but you can request a review by yourself to look over the ballots. That is under "Inspection of Records" It must be in writting. I am assuming that you are unhappy with your election results and want to see a count? |
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JanL3
(Florida)
Posts:3
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| 03/06/2010 3:03 PM |
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If I do not trust the Committee counting....
Under Official Records, Voting Ballots /Proxies are not listed in the statue. Or are they included in "all other written records"?
If your answer is correct, I can actually see who voted for whom, if I am allowed to inspect ther ballots.... Seems unlikely? Or? |
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DonnaS
(Tennessee)
Posts:5671
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| 03/06/2010 4:57 PM |
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Jan,
The ballots should not have names of those who cast them. If they do then you need to find a better way to do your elections. Ballots should go into an envelope with the owners name on it but the ballots themselves should not have owners names. Why such sceptasism? Are you the only one who feels this way or did you run and lose? |
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RobertR1
(South Carolina)
Posts:5164
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| 03/06/2010 6:29 PM |
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Jan, Give us a little history here. How are these ballot generally counted. Are ballots submitted at the time of the meeting, is there a call for ballots or votes at the meeting. You may think about applying the Best Business practice to items you do not see covered in the documents. You may also consider in the case of voting or meeting procedural practices that you all adopt a formal textbook or a formal procedure that covers how the meeting and voting is to be run. Most association follow Robert Rules of Order, but only as a guideline and that is good enough if you have this proclaimed at the start of the meeting or it actually is included in your documents. If your meeting is going to be contentious I would appoint a knowledgeable person to serve as arbiter for all procedural questions. I would also add to the documents a section on Meeting protocol and cover the general routine procedure of an HOA meeting, and elaborate on how votes, proxies and balloting will be conducted. You can find all these procedures in a million text books and you can click on a link on this page for CAN and research their library, you can use the search page on this site and pull up a ton of stuff about election procedures. But really, if you association has been around for any time at all they should have established procedures and follow these procedures each time.
You suspicions about the veracity of your Management/board is another matter. If anything at all in the procedure is not transparent, question it. Is there a chain of custody regarding the mail in whatever, who has this responsibility? Is the mechanics of the ballot or voting instructions clear and are they followed, are the envelopes opened under an appointed committee, are the counts verified by members of this committee. Are all votes, ballets scrutinized for irregularities, all this is in many books as noted before. |
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RogerB
(Colorado)
Posts:4645
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| 03/07/2010 7:44 AM |
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| Jan, best practice is for the Chair (or Board) appoint a Tellers Committee of 2 or 3 "independent persons". If you doubt the validity of their count I suggest you volunteer to be a member of that committee. |
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MaryA1
Posts:0
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| 03/08/2010 3:53 AM |
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Jan,
Even if you do ask to see the ballots, don't be surprised to learn that they are not available. My assn BOD calls for a motion to destroy the ballots at the annual meeting. No one ever objects and the ballots are destroyed. There is nothing in our bylaws to preclude this, nor is there anything in state law. And, ballots are not listed in state law as an official record of the assn. |
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JanL3
(Florida)
Posts:3
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| 03/08/2010 8:41 AM |
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Thank you all for the inputs.
The situation is, that the majority of the Board is up for election, and they intend to name two "own" people to count the votes, which I do not trust and find inappropriate. Yes, unfortunately our ballots/proxies do have the Lot Number and Name on them, so if someone would like to audit afterwards, he will see who voted for whom. I guess i will have to stand up in the beginning of the Annual Meeting and propose a "best pratice" Voting Committe, consisting of one from The Board (not up for vote), one from the management company and one random person from the floor. Or do someone have a better proposal? /Jan |
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DonnaS
(Tennessee)
Posts:5671
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| 03/08/2010 9:24 AM |
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Jan.
NOPE!!! 3 is good. 1 BOD, 1 M.C. and 1 non running member. Put your proposal in writting and deliver it prior to the election. Ask for a response as well so if they chose to ignore you, then stand up at the meeting and ask what their response is to your request mailed out at (whatever)
But do you truely believe that they would cheat on an election? Holy Cow! |
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