Board Election Ballots
Dennis,
Would you be able to explain who is eligible to count the ballots for HOA planned communities board member elections? In addition, could you site the specific law(s) that address this issue?
Thank you so much!
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Denise,
The law does not currently provide any guidance on this issue. It is left to the association board of directors to establish whatever policy works best for their community. The general approach is that anyone assigned to count ballots cannot be related or living with a current board member or candidate. Some associations form formal committees other simply allow the community manager or an independent third party, and still other use formal ballot counting watchers.
One of my bills will establish into law the general provision for ballot handling that prevents anyone related to or residing with a current board member or candidate from handling any ballots.
I fully understand that this is a hot topic in many communities based on mistrust in the adequacy of this process, but to codify a one size fits all approach into statute would be totally inappropriate. You do understand that any homeowner has the right to see all ballot material after the fact for one year after any election. Each and every one of you can count the ballots after the fact for yourselves if you do not trust that they were counted correctly.
What you will not be able to determine is whether all ballots cast were actually retained or that any ballot was altered or fabricated. This is a problem that is difficult to address, because you cannot legislate integrity. The board or the community manager either have it or they don’t. While I can try to put language into the law to address this (not likely to ever be passed) those without integrity will simply ignore it and force homeowners to sue them, and they will then use the association money to defend themselves against that suit. My voting legislation for this year will require both the association and any court to invalidate any elections where any evidence of fraud is presented in ballot handling. We need to work together to get this bill passed if we are to have any hope for improvements in ballot integrity.
Dennis
Dennis,
Thank you for your response and for all the effort & support you provide owners in an HOA.
I appreciate it
Denise