Help!
Hi Dennis! We are confused about how the recall process for board members operates in this day and age of all things virtual. It seems so simple to understand in terms of in-person, but this has become confusing. We have been holding meetings via Zoom since COVID and have been using VoteHOA for annual election of board members for the same time period. We are working to recall 4 members. So, the 30-days to call for a special meeting still applies, but what actually takes place at that “special meeting” if we are voting electronically? Secondly, our experience is that on VoteHOA, we only state “yes” and there is not a “no” option, thus, a lack to vote “yes” implies the vote is “no”. Can we assume that the Vote HOA has an algorithm to count those non-votes as “voters” so that the majority can be determined?
I am sure there are a host of additional questions, but starting here will help tremendously!
About Post Author
10 Responses
Leave a Reply
You must be logged in to post a comment.
Rhonda,
First I’m not familiar with the Vote HOA program who built it or who operates it. I’ll just say this that there is noting in statute that allows any HOA or condominium or HOA to use an on-line vote counting system. While there is for non-profit corporations The section in law that allows that is specifically called out as not applicable to these communities. I would never trust any on-line system for HOA voting. Especially if it is operated or created by any community manager. Demand an absentee paper ballot. While the law states specifically that association must conduct all votes by in person or absentee ballot or “other form of delivery like fax and email” this is to allow for the electronic transmittal of hard copy ballots by the association or homeowner. The association attorneys and community manager have distorted the law and claimed that “other forms of delivery” is a blank check to use whatever they want. Including on-line systems without any security and where the association or community manager can dictate the outcome by adding or removing ballots from the count. Insist that an absentee ballot is provided and get everyone you know to do the same. Even the on-line ballot process specified for non-profit corporation have very specific requirement on those systems. I would suspect that any HOA based on-line system cannot and does not comply with those requirements.
Virtual meetings cannot be stopped at least for now, they by their nature limit the voting to absentee ballots. The ballot must contain a yes or no for each individual, if it does not it is invalid and directly violates the law. The majority of all votes cast for any individual determines the outcome.
If the association deviates in any way from this process the election is invalid.
Dennis
Heard! Can you help me understand what does happen in a Special Meeting when we are still going with a virtual format for all things meeting related?
Rhonda,
Nothing different than an in-person meeting. Quorum is established by those in attendance and those that completed absentee ballots. The meeting is called to order and the agenda is described. in this case the only agenda item will be the vote to recall the identified board members. Any member can request to speak on the issue before the vote is called. Since everything in this case will be by absentee ballot your opportunity to speak must be allowed before any vote count begins. Once the ballot count is completed the results must be announced. Once the business of the meeting is completed amotion from the floor can be made to adjourn the meeting. Remember this is a meeting of the members and the board has no authority to dictate how the meeting is run and who can speak and who cannot. Any effort by the board or the community manager to suppress any member wishing to speak violates the law.
Dennis
I think this is becoming more clear for me, but can I make sure by running this by you as if I am the Community Manager (which I promise you I am not!!!!)?
– I receive a letter from the community accompanied by a petition to recall 4 Board Members, which has been signed by 125 residents. I manage a community of under 1,000…so the petition meets the requirements to trigger the Special Meeting to recall these board members. Hypothetically this was received by me on March 1.
– I inform the Board of the Recall Petition
– I begin the process of checking each signature to make sure each signee is truly a resident and that each is in good standing (ie, no liens, is actually on the deed as an owner, etc)
– I contact VoteHOA (I have been assured that this company was vetted by our Association Attorney when the need first cropped up, so let’s assume this is how the vote will go) to have them format the ballot
– I choose March 28th as the date for the Special Meeting, as it seems I can get my tasks completed by that time and it is within the 30-day window I have that began March 1
– Two weeks prior to March 28th, I send by email, to all homeowners, the ballot from VoteHOA with instructions as to the voting process
– 48 hours prior to March 28, I send the Special Meeting Notice with the Zoom link, instructions for connecting via Zoom, and attach the meeting agenda, which will state Recall Vote as the only agenda item
– On March 28th, I call the meeting to order and invite comments from the meeting attendees
– I announce that x-number of ballots have been returned and that anyone on the Zoom meeting who has not yet submitted their ballot has until x-time during this meeting to do so
– Once that time frame has closed, the formal count begins; the meeting continues in progress until all votes are counted; the vote results are announced
– A motion comes from the floor to adjourn, is seconded, meeting adjourned
How did I do?
Very good. the time-line is not quite right because for a meeting of the members the minimum time for the official notice is 10 days prior to the meeting not 48 hrs. So in your time-line the sending of the ballots and notice of the meeting should all be one step.
Dennis
Very clear….thank you so much! Good thing I am NOT the Community Manager! I would not have passed the test!
A 90% grade still passes.
I have gone back to read again all you have educated me on, and I really do think I have it now (though that 90% passing grade is not to my satisfaction!). One of your comments in your second response has me wondering about something that happened at our Members Meeting in December.
This is your comment:
“Remember this is a meeting of the members and the board has no authority to dictate how the meeting is run and who can speak and who cannot. Any effort by the board or the community manager to suppress any member wishing to speak violates the law.”
This is my question:
Did the Board have those same restrictions on their authority during our Members Meeting? I thought I understood that the Community Manager was the one to officiate that meeting and the Board played none of their usual roles as far as things such as calling the meeting to order or recognizing community members who wished to speak, and that they had no authority to limit access to the floor for those who wished to speak. Our experience was that our Board President took over, controlled the floor for much of the meeting, and attempted to limit members in their ability to “unmute and speak”. I was, in fact, told by the President when my hand was raised that I had already spoken and he was not going to call on me to unmute. Was he out of line?
While someone has to officiate the meeting itis still a meeting of the members. The law allows any homeowner to speak once on any issue before the members. If it is the same subject, then a homeowner can speak a second time at the discretion of the officiating individual. The meeting has to move on and cannot be limited by any members insistence of speaking over and over. The members can move to allow additional speakers additional opportunities to speak if the members believe it would add value to the discussion. The decision is the member’s in this case. Far too often boards and officers believe that they rule over members meetings the same way they rule over board meetings. That is absolutely false.
Dennis
Thank you!!!