AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
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Inspection of HOA Ballots

Good afternoon, I’m so glad to find this site. We had the annual meeting of our HOA in April 2024 and elected 4 new board members. I was unable to attend, but submitted my ballot via email. I heard from others that did attend that it took almost 2 hours to count approximately 63 votes. There was a great deal of confusion because the HOA had sent out an incorrect ballot and then sent a second one and said the first one was void. Due to the confusion, I made an email request to the board on Jun 6 to inspect the ballots (based on ARS 33-1812f and 33-1805). Two of the 5 board members were vehemently opposed to this, but relented when I cited the statute. They have set a meeting for Jul 10 for a recount to be conducted by 2 other members with the rest of us allowed to observe this recount. The board has said that their attorney has advised them to redact the names and addresses on the ballots and provide photocopies for the recount. Our governing documents do not provide for secret ballots. Votes in our HOA are based on acreage owned (1 vote per 9 acre parcel). We have the largest plot with 45 acres, thus have 5 votes. Others in the neighborhood have either 1 or 2 votes. I have also requested a list of homeowners in the association, along with the number of votes they have. The board is refusing to allow us to see the actual unredacted ballots (based on their attorney’s advice) and is refusing to let me see the list of homeowners with their number of votes. Am I correct that I DO have the right to both of these records, and if so, what is the best way to build a case to force the board to comply? Thanks in advance!

1 Response

  1. Dennis Legere

    The association has no authority to redact anything from the ballot and must, under the law, allow any homeowner the opportunity to see the exact ballot. Because you do not have a requirement for a secret ballot, there is no assumption of privacy in the ballots. While I personally do not like the fact that anyone can see how you voted, the association was free to provide some other method of documenting who voted without having anyone sign the actual ballot. Your attorney should actually try reading the law before providing such advice. I suspect that the attorney actually did not provide the advice, but it was claimed as such by either your board or community manager. This was a totally botched election, and your association should simply start over and repeat the election and try to actually get it right this time. This is not rocket science, and a five-year-old could figure out how to hold an election.
    Dennis

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