HOA Ballot Counting
Hi.
My HOA is counting ballots tomorrow, and while I volunteered to assist in the counting process, I was not selected. I know it’s bc there was discord between myself and a running candidate, whose spouse is already on the board. Am I allowed to still witness ballot counting, or is that at the discretion of the board and/or management company? I can’t seem to find any information on the HOA counting process, and didn’t see anything specific in our CC&R’s or by-laws. I plan on showing up to the property management office to try my lunch, as I am genuinely curious about the prices. I am aware that a different board member’s spouse is attending without counting votes themselves. We actually have a good board, but there are some in our community that have spread misinformation and have convinced the board that it wouldn’t be appropriate for me to count votes. I guess they assume I’d hide votes that favored the candidate in my bra or something. 🤷♀️ While legal, I personally find it unethical to have two family members on the same board, and have voiced my concerns. Their names are on separate deeds, so they’ve essentially “bought” two votes in my opinion. I don’t have an issue with owning rental properties. I do have an issue with using it to gain an unfair advantage over other homeowners.
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I can’t seem to edit my post. But I’m trying my luck, and I’m interested in the process. I hate autocorrect. Lol.
Jennifer,
No current state statute directs how associations can conduct elections and count ballots. That is essentially left up to the board of directors. The community managers have no authority to direct anything in these communities unless the board gives them that authority. If that happens, the board retains the responsibility and liability for whatever the community manager does.
They can decide how they count ballots and who can witness that process. I laughed at the entirely new use of the term “ballot stuffing” in your note.
You are correct that two family members on the board are not illegal but inappropriate. Because this couple owns two properties, they both have the right to run for the board and should not be prevented. The issue is whether the community votes for these two individuals on the same board. That is something that your community should decide. It does give one household excessive power that can be misused. But clearly, they are two individuals, and if the community believes that they will both act independently. In the best interest of the community as a whole, they should be allowed the opportunity to do so. Good board members are hard to come by, and I don’t believe in denying anyone the opportunity to serve their community because there may be a potential problem. If a problem develops, the community is free to recall either board member. I have seen situations where two family members were on a three-person board, which is never appropriate. Every discussion about the community around the kitchen table or elsewhere directly violates the open meeting law as the two constitute a quorum of the board.
Dennis