Requesting to view non-secret ballots
Our CC&Rs and Bylaws do not mention if ballots should be secret or not. Also, our ballots came with personally identifiable information on the ballot (not the envelop). I suspect our board, and management may falsify e-votes. If the vote is not in our favor, I am going to submit a records request to view all ballots. I am already drafting a request, but any help to deter them from refusing to inspect the records is appreciated.
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Cassie,
The law requires the association to provide all ballots and related material. However, they conducted that the votes must be designed to provide access to those records. If they used secret ballots that the homeowners did not sign, they must give the signed envelope when the ballot was submitted. If the ballots were not secret and were signed by homeowners, they must provide those ballots as submitted. I have the same concern about online voting and have found evidence of fraud in some communities. The truth of the matter is that online voting directly violates the voting laws for these communities, even though attorneys have told the association since 2016 that they can use this tool when the non-profit corporation Act was changed to allow online voting for these corporations. The truth is that the voting laws for these communities specifically exclude the use of the NPC Act, where online voting was identified.
Dennis
Great question, Cassie! Thanks for the answer, Dennis. I too was wondering if I could get copies of the signed envelopes for the secret ballots.
Kathy,
The law specifically requires that any ballot related document including the signed envelops or sign-in sheets along with the actual ballots, must be retained for one year after the election and made available to any member upon request.
So, yes.
Dennis