Homeowner
A month ago we had to vote on 2 assessments being proposed, at the meeting 1 passed and 1 failed. This was done by co I noting votes that were turned in or mailed in, and those that voted at the meeting. Meeting was adjourned, the 2 hours later the HOA president sends an email that both assessments had passed because 2 ballots were sent to the HOA Management PDS. 3 weeks later a board member posted the response from the HOA Management PDS that no assessment ballots were sent to PDS. This is clear violation of our trust in the board. Who conducts the investigation and what recourse are there? CCRs also state voting has to be done in person or by proxy at a duly called meeting, the board did mail in, turn in ballots, and vote in person, which is clear violation of the CCRs.
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Larry,
The law allows ballots to be returned in person and by absentee ballots. Absentee ballots can also be returned by e-mail or fax. The association must identify when all absentee ballots must be returned in order to be counted, which is typically prior to the meeting. The issue is when were the two mystery ballots returned. if they were returned prior to the deadline, why were they not counted and identified at the meeting. If absentee ballots were returned by hand by the voters to the management office, they are legitimate votes under the law. Proxy votes are not allowed in Arizona no matter what you CC&R’s say. Did the association report the outcome of the vote tally at the meeting? If so, why was the vote count changed and has the board explained what happened. I don’t understand your comment relative to three weeks after the meeting the management company stated that no ballots were sent to them?
So, while clearly suspicious nothing is actually wrong unless the two mystery votes were created after the meeting and the deadline to receive absentee ballots. You have the right under the law to request to see every ballot and the sign in sheet or participation log used by the association to track who voted, do this immediately.
Current law does not provide adequate controls and protections to ensure the integrity of these elections and votes and that is why my top priority legislation this year is my HOA voting rights and election integrity bill. Follow my update e-mails on the progress of this legislation.
Dennis