Board Election illegal voting influence?
Can a sitting HOA board send out a letter, paid for by HOA association, campaigning for themselves as candidates in an attempt to influence voters and make disparaging comments and lies regarding owners who oppose them including ones attempting to run for the board?
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Cindy,
While what you describe is totally inappropriate and happens in many communities across the state, it is not illegal because the law does not address this action. My top priority legislation will address association voting and prevent such activity, but until that bill is made law, the association can do as it wants. I confirmed with my sponsor that he will start the bill creation process today and introduce the bill either before the session starts on the 13th or the first week of the session. We will need the help of the entire coalition to bring this legislation home and finally protect the voting rights and integrity of association elections and ballot measures.
Dennis
Are voting records of the board election part of ARS 33-1805? There is nothing in our CCR’s addressing it. In other words, can we see the actual results and who voted?
David,
The voting records are regulated by ARS 33-1812 and require that the association retain all voting records and make them available to review by any member for one year after the election. Yes, you can see every ballot, whether they are signed or not, any signed envelope, sign in sheet and any other record of the election or ballot measure.
Dennis