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Election Votes- Privacy

Is it a law that HOAs have to post results of elections- including who voted for who?? we have people who won’t vote because of fear of retaliation by neighbors if they can see who they voted for (or didn’t vote for)

8 Responses

  1. Dennis Legere

    I provided a detailed response to your e-mail but for the interest of everyone else reading this question I’ll provide this.
    Arizona law recognizes both secret and non-secret voting for these communities and does not dictate how any community must vote. That is dictated by your communities governing documents most likely your bylaws. If your community requires secret ballots, then the ballots themselves are not signed but the envelope (or other cover document) it is delivered in is signed. while both must be retained as an association record, they must be maintained separate, so that no community member can see how any other community member voted. If your community does not require secret ballots, then the ballots themselves are signed and after the fact anyone requesting to view the records of the election will see how anyone else voted.
    While I understand your concern, and we could address that by have state law dictate that all ballots in these communities be secret. The problem is there is very little the community members can do to other community members based on how they voted on any issue. The real problem is does the board (who has all the power) retaliate against community members based on how they voted on any issue. There is very little that I can do to legislate integrity in board members to respect the secrecy of member’s ballots, without making it unnecessarily difficult for honest board to run their associations.

    If your association allows non-secret ballots in your bylaws, work toward changing that and requiring secret ballots for your community.
    Dennis

  2. Dennis Legere

    Eileen,

    One more point. There is absolutely no law that association have to post the actual ballots of any election and doing so would in fact violate your privacy. The are required to maintain those records for a year and make them available to any homeowner wishing to view them during that time. There is a big difference between a requested records request and the post of all the ballots for everyone to see without a request. If an association actually post your ballots so that everyone can see than there is very good cause for your recall effort and homeowners need to stand-up and protect their right and remove this board. There is very little other homeowners can do to you based on how you voted on anything so there is little to truly fear. Get over it and recall this entire board who shows total disdain for the homeowners they were elected to represent.

    Dennis

    1. Dennis Legere

      Bob,
      Absolutely not! All proxy voting is specifically banned for these communities after termination of the period of declarant control under Arizona Law no matter what your governing documents may say about proxy voting.

      Dennis

      1. Bob Gebel

        Thank you Dennis. I was given you and your organization’s website today by Joe Pendergast at the Ranch in Prescott. They are involved in recalling their ARC and battling the Lee’s who apparently control the HOA. I just joined the AHC tonight…. will distribute your link to many here.

        I have been fighting my HOA at Prescott Lakes. I have been at it for two years now and they have terminated my appeal process (no HOA board hearing, no mediation) and have moved to fine me daily
        using their new enforcement process. Issue is I completed an exit drive at my residence for safety reasons at the direction of the management company inspector supervisor who directed me to just him know when I would start because he could not find my landscape plan of several years earlier which had the exit clearly depicted (lost during the management company office relocation). Acting on his authority I did complete the exit and a week later the legal intimidation assault by Krupnik Speas began stating two driveways are not allowed. That is a very general description of my situation but issues like exit silent in CC&Rs, HOA president writes letter to ARC opposing my exit prior to my ARC meeting, three auto accidents on the existing driveway backing down, all neighbors in support of exit, and much more.

        Would there be any time available where I could come down and discuss my issue with you or another in your organization? At this point I need clarification on what to do further. Also, just finished listening to your YouTube interview….you are involved in a most honorable fight for the rights of a HOA residents……Thank you
        Bob Gebel
        bulabob@gmail.com

        1. Dennis Legere

          Bob,
          You have a right to contest the alleged violation at a hearing before the board under Arizona law by written request within 20 days of the notice of violation. You also have the right to decide if that hearing will be in open or closed session of the board. Until that opportunity to be heard is provided they cannot assess fines. Did you provide the association that notice? Did you get the approval of the management company in writing? Do your CC&R’s require review and approval of any such modification by the Architectural review committee or board? Did you request that prior approval? Was the original landscape and lot plan approved by the association when you built the home in the first place? That is very important. What do the CC&R’s specifically say about driveways? Are there any ACH standards or rules relative to driveways? What do they say?
          Provide me a little more information either on this forum or via my e-mail at the top of the page and we can go from there.
          Dennis

          You know of course no matter what a community manager says you can do, that you are required to comply with the governing documents. Including and especially the requirement for prior approval. But if the governing documents do not specifically limit the driveways the association cannot create a restriction that is arbitrary and not documented in any way. So, the association has no right to reject your application for a driveway for a reason that is not documented in advance and notice provided to all homeowners of that standard.

  3. Bob Gebel

    Dennis,
    If possible and at your convenience, would it be possible to come down and meet with you for a short time. I have several questions that I need further clarification or answers to regarding my situation. I am open entirely to your schedule.
    Thanks much,
    Bob
    bulabob@gmail.com

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