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Election rules help please

We are about to have our election which 11 are running for 7 positions. Our ByLaws state “The annual meeting of membership shall be the first Monday in May”. So: ballots were due in by 4/27. Board announced votes will be counted Sat 5/1 and all candidates could be present to observe, then our annual meeting will be Sun 5/2 where board will be announced. Our Bylaws state: “At this meeting the Election Committee will report the results of the election. The elected Board members will elect the officers and will seat the new Board of Directors.” So I guess no big deal they are having meeting on Sun vs Mon, but since votes counted day before the Annual meeting is there any legal obligation for the results to be told to the 11 candidates? Is there any other legal guidance you can refer me to as to WHO gets to be the President vs all the other officers? Like is the top vote getter the Pres? By Laws don’t say and in past years (according to those that can remember we’ve ever had an election in the past) the group gets together and says ok, I think David should be our president…???!! Thank you again for your help!

1 Response

  1. dennisl

    Carol,

    Your bylaws are typical to all similar communities. The community elects the board for whatever term the bylaws specify and the new board then elects the officers of the association for one year terms. That ensures that any new board member elected in any specific year has an equal opportunity to run and get an officer position.

    While Arizona law requires associations to provide for both in-person and absentee ballots the pandemic has caused most associations to eliminate in person meetings. So while technically any association that does not provide for in person voting at the annual meeting of the community is violating the law, there is probably no court that would find the association culpable under these unprecedented circumstances.

    There is no legal requirement for the association to inform the candidates other than the announcement to the entire community. One issue that is important is that the association is required under the law to retain all ballots and related documentation including any signed ballot envelopes as association records for one year and make those records available to any member wishing to see them. If anyone questions the validity of the ballot count then they can request to see all the ballot material including the ballots them selves in that year after the election.

    Dennis

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