Get 1 year of free community web site hosting from Community123.com!
Sunday, April 05, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community website and email newsletter hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Write-In Candidate Voting
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
BobW5
(Arizona)

Posts:21


06/09/2009 6:15 PM  
Our annual membership meeting during which votes are counted for Board of Directors will be held in a couple weeks. Our By-Laws require that members declare their candidacy by May 18th so that their bios can be published in our newsletter and in our ballots along with their names. The ballots were mailed out June 9th (today) and at the last minute and undeclared candidate want to ask members to write her name in the ballot. Our By-Laws do not specifically allow write-ins but states that the ballot must contain the names of all candidates. We do allow absentee ballots but not proxies in AZ. We were wondering whether we should allow write-in candidates, especially since all the deadlines have passed which only takes away votes from declared candidates. Any information particulary pertaining to HOA planned communities would be helpful.
MaryA1


Posts:0


06/09/2009 6:47 PM  
Bob,

The AZ law states that everything to be voted on at the meeting must be on the ballot; the ballots are then mailed to the members and they vote by mail or in person. I can't see how write-in candidates could be allowed since the candidate's name would not be on all the ballots. The BOD should just tell this gal that she'll have to wait til next year. You snooze, you lose. I'd be tempted to tell her that too. LOL
KirkW1
(Texas)

Posts:1665


06/09/2009 6:52 PM  
...Our By-Laws require that members declare their candidacy by May 18th ...



I think this answers your question. You should instead warn all residents that bother writing in her name that the vote will be wasted as she is not eligible to run for office.

Explain that this is nothing personal, but that you have a duty to enforce the rules as written.
SusanW1
(Michigan)

Posts:5202


06/09/2009 7:57 PM  
There is nothing in your documents that PREVENTS write-in voting, so IMO, you must acknowledge them.

I have never seen a closed ballot limiting the option of a write-in candidate.

KirkW1
(Texas)

Posts:1665


06/09/2009 8:46 PM  
Susan,

He said his documents specifically state that one must declare candidacy by May 18th. This being the case, the write ins must be ignored.
SusanW1
(Michigan)

Posts:5202


06/10/2009 4:16 AM  
I Googled "write-in votes in condo election" and got a slew of opinions/articles/discussions.

One of the best is:
http://www.californiacondoguru.com/hoarticles/whatifs.html


IMO - If there are floor nominations, then write-ins must also be allowed.

The board also needs to be sure to let owners know that it is pre-qualifiying candidates - something I find deplorable.

Also, what if the ballot "candidates" drop out during the time when all this is going on.

Bottom line: If anyone complains, this could go to court.
MaryA1


Posts:0


06/10/2009 6:41 AM  
Susan,

Googling this topic then stating one of the best answers pertains to CA does no good to Bob who's located in AZ. As I stated earlier, this would be a violation of AZ law! Also a violation of AZ law is nominations from the floor. But, you are right about one thing, "If anyone complains, this could go to court," although I doubt that most members are up on AZ law.
MaryA1


Posts:0


06/10/2009 6:43 AM  
Posted By SusanW1 on 06/09/2009 7:57 PM
There is nothing in your documents that PREVENTS write-in voting, so IMO, you must acknowledge them.

I have never seen a closed ballot limiting the option of a write-in candidate.





Except for AZ law which pre-empts what's in the gov. docs!!!
BobW5
(Arizona)

Posts:21


06/10/2009 6:55 PM  
Mary,
Please let me the the statute as it is crucial to know in our situation.
Thanks,
Bob
MaryA1


Posts:0


06/11/2009 7:49 AM  
Bob,

Sorry, I should have referenced the statutes: ARS 33-1250 for condos or 33-1812 for condos.

You will not see write-in candidates explicitly addressed in the statute; however, I based my opinion on the requirement that each issue to be voted on must be stated on the ballot. The name(s) of write-in candidate(s) would not be on all the ballots so would be a violation of state law. This is the same reason nominations from the floor are prohibited.
RobertG12
(Arizona)

Posts:160


06/11/2009 11:10 AM  
Posted By MaryA1 on 06/11/2009 7:49 AM
Bob,

Sorry, I should have referenced the statutes: ARS 33-1250 for condos or 33-1812 for condos.

You will not see write-in candidates explicitly addressed in the statute; however, I based my opinion on the requirement that each issue to be voted on must be stated on the ballot. The name(s) of write-in candidate(s) would not be on all the ballots so would be a violation of state law. This is the same reason nominations from the floor are prohibited.



I will also agree with Mary that both write-ins and floor nominations should NOT be allowed in Arizona. I believe there is also another law that comes into play which basically states that all members (annual meeting) must be allowed to vote for or against anything that is being decided. If someone puts a write in candidate on, no one will know about it and thus can't vote for or against that person. Same goes with floor nominations. The people who voted absentee would not have the opportunity to vote for or against that person.

Also it doesn't seem fair that a person who votes absentee would not see all the people running. When there are just a few candidates and the same number of open positions, then I would not be able to choose a better person if it were a write in.

Given all that, we went through this process and our legal counsel said it was ok for both. I disagreed and lost out. As it turned out, 2 people were elected by write in ballots and I am told they only got 1 vote each. One was very upset someone put his name on and the other was one of the people who strongly objected to allowing write-in candidates.

I don't think it is legal and I don't think it is fair.
MaryA1


Posts:0


06/11/2009 4:21 PM  
Robert,

Aah, those HOA attorneys. No, they don't always know what they're talking about. When it was time for our annual meeting after the proxy law went into effect, I email our PM to let her know nominations from the floor were prohibited by the new law (the Pres stated in the newsletter they would be allowed). She emailed me back saying, "No, their attorney said they are allowed." I didn't press the issue simply because not many attend the annual meeting anyhow. The next year, the Pres. announced at the annual meeting there would be no nominations from the floor since their attorney as advised the new law prohibits it. Same attorney!!
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Write-In Candidate Voting



Get 1 year of free community web site hosting from Community123.com!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement