HOA email vote
Dear Arizona Homeowners Coalition,
The property management company commenced an Association wide vote recently and allowed members to submit their decisions via email to the property manager. Besides concerns of integrity, e.g., the manager has insight into incoming results and might take additional actions to solicit additional submissions to satisfy either their or the board’s desires, they refused to share envelopes (e.g., in this case, emails with headers containing fillable PDFs).
Is it contrary to ARS 33-1250 calls for “7. Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for unit owner inspection for at least one year after completion of the election.”?
Thank you,
Andy L
About Post Author
3 Responses
Leave a Reply
You must be logged in to post a comment.
This is the most ridiculous voting scheme I’ve ever heard. Where did the board find this individual? The law is clear: all voting records, no matter what form they are in, must be retained for a year and made available for anyone to review on demand. The association can either get this community manager in line and comply with the law or find themselves in court. The sins of the community manager fall on the board that hired them.
Dennis
Our HOA was even worse than that…they couldn’t get the 75% vote, so voting was left open for nearly two years as the Directors went door to door harassing homeowners to vote yes. Couldn’t possibly withstand a legal challenge? (Oh I’m also suing them for access to the books and records, so I will be attempting to obtain all of the voting records…).
It is their modus operandi. Push to the limits, in fact beyond limits, because we can, and nobody will sue us anyways. And even if they do and we lose it, the Association will pay for it. Is not it?