Vote flipped at 2nd meeting
Hello, Our HOA held a voting meeting for ARS 33-1818. The first meeting did not meet quorum but the votes were 93 NO HOA control to 62 YES HOA control. They just announced that the 2nd meeting met the lower quorum numbers and the HOA now has control of the public streets. Total 201 votes, 125 YES to keep the HOA in control of the streets to 76 NO votes. We had many people canvassing the neighborhood to get them to vote NO. How can we as homeowners requests to review all the ballots and do our own recount? We are not comfortable that the management company counted the ballots properly.
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You have the right under ARS 33-1812 to request to see every ballot and any related material including signed en slopes or sign in sheets
If your association used electronic voting in some way you can see the meta data to any vote cast including the unidentified used by the association to validate the voter and the date and time the ballot was. Stand theIP address from which the ballot was submitted. The association is required by law to keep all these records for one year after every election.
Thank You Dennis, we did not have electronic voting this time. Homeowners either mailed in the ballots or emailed them to HOA manager. Can I request to see all the ballots myself or should I have a 2nd homeowner with me?
Kristy,
When it comes to reviewing anything from an association never ever do or take on the association alone. The more homeowners you can bring along the better. The association cannot limit the number of homeowners whisking to se the ballots as each homeowner is entitled to see them.
Dennis
Also 33-1812 pertains to ballots and how they need to be formatted. It doesn’t state anything about homeowners being able to recount or review the ballots.
There is a subsection that describes what the association needs to retain as records for a year after every election. That section also states the the association must make all these records available for any homeowner to review upon request during that time.
Dennis
Thank you. I will look at it again. When we do review the ballots, what do we do if we find that ballots are missing? I have a list of homeowners who voted NO, and how they sent them in. I have their names, addresses and how they voted. (E-mail or Mail)
Hi Kristy,
My HOA voted yes. The entire process was a sham including the board sending out a ballot containing false and misleading info; plus, they didn’t even vote on the ballot context, which would have required them to present it to members and open up for discussion. I’m in the middle of an ADRE complaint for records. Myself an another member made copies of all the ballots provided to us. There are so many violations, that would require a civil suit. I truly believe the board the acted in bad faith. Once my ADRE case is over, I’m heavily considering calling the news. I think the only real change will happen at the legislative level. The HOAs are telling members to pound sand. Do you still have a copy of your ballot? Or do you have a copy of one you can send me? I’m curious on your ballot verbiage. Do you know if your board voted to publish the context/verbiage as well or did they just send out what they wanted?