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Open meeting question

Hi Dennis, sorry I sent first question in with no question….. Our HOA is holding a “secret Ballot” vote which is due to be turned in by Nov 30th midnight.
On Dec 1st we have the vote committee open the ballot box, check in the ballots= the outter envelope must be signed, and we will have a check off list, showing each lot voted only once, and then make sure they are all “in good standing” (dues on time…) THEN the committee will open the ballot envelopes, take out the ballots and put them face down in a pile, and you had said we save the outter envelopes… THEN we will do the count of YES or No for the dues increase and 2/3 have to vote yes for a pass.
On the committee are 2 board members and 2 non board members.
We are holding the counting at our clubhouse Dec 1st at 1 pm. I assume I need to put up signs/send out email as to this meeting per open meeting rules–but am being told the “ballot count” is done in secret–so I assume peopler might wonder in to the clubhouse to find out the voting result BUT was told by prior committee that after we open the outer envelope then we go back to a different room to tabulate the count. That doesn’t make sense to me since there’s no signature or identification on the ballots–only the outside envelope…?? any guidance you can give me? Thanks

1 Response

  1. Dennis Legere

    Carol,

    The process you described is solid and I see no problem with it. The counting process should be closed simply to avoid distractions, but there is no requirement for the ballot counting to be closed and observers are no problem as long as they are quiet and do not distract the ballot tabulators. As long as the two board members do not constitute a quorum of the board no meeting notice is required. You mentioned a 2/3 approval requirement I just caution you to check on the exact language in the CC&R’s or bylaws. If it says 2/3 approval of the votes cast or 2/3 approval of all eligible members makes a big difference.

    Dennis

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