Post by Admin on Oct 15, 2013 18:42:27 GMT -5
Cross-post from AnonNews
April 14, 2013
The Annual Mtg total number of vote cast was 526. A total of 787 eligible lot entitled to vote. Now out of the total ballots cast 526. 24 ballot were discarded due to mutilation or other reasons. So total ballots counted was 502.
Now which Ballot Count do we use: Total Ballots Cast 526 or 66.83%. or Total Ballots Counted 502 or 63.78%. So the question which is the Correct Number to use to get the 66.3% quorum so a Meeting can be lawfully held? #526 or # 502 ?
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April 15, 2013
First, are you sure the quorum threshold is 2/3 or is it 50% of eligible parcels...?
Regardless, only VALID Signature Verification (yellow) Cards count toward the required percentage to establish a quorum for the Annual Member Meeting. Additionally, properly-executed limited proxies also count. These yellow cards are usually, but need not be, submitted with Ballot forms.
The definition of "valid" is in the Redbook and is quite specific. Very few conditions invalidate a submission to Vote and the most common one is failure to submit signature of the designated parcel voter on record with HOA.
Another is failure to follow the 2 envelope instructions though that is another subject altogether since our Redbook Bylaws do not permit a 2 envelope system for voting--but what the heck--the BOD violates this and many other election provisions all the time.
Another condition is very delinquent assessments, which invalidates the parcel's right to vote and reduces the total parcel requirement upon which the quorum percentage is calculated.
I am mystified by "mutilation"--who is murdering Ballots? And, what are those "other reasons"? Owners should be given an accurate, detailed accounting for discarded votes. Throwing away ballots for "other reasons" is not an acceptable practice and invites a State-mediated cH allenge to the election.
Short answer is 502.
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