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Question

I am the Secretary of a Home Oeners Association. An owner has come forward that he doesn't like the way our annual elections are conducted. We use our management company to oversee the counting of votes and ask owners present at the annual meeting to certify. Thjis owner thnks an independent party (ies) should administer the election. Is there anywhere I can look to get suggestions? I searched our By-Laws and they do not speak to procedures to conduct an election

Submitted: 395 days and 6 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Hilton Head, South Carolina

Already Tried:
Google, Robert's Rules, Corporate By-Laws

Posted by INFOLAWYER 395 days and 5 hours ago.

Answer

If the bylaws do not address the issue, the board can do so at its discretion or can revise the bylaws to set on paper the procedure.

395 days and 5 hours ago.

Reply

This owner is a real"pain". Do you know of any place I can go to get something that shows precedence for the Board determining the procedure for conducting an election?

Posted by INFOLAWYER 395 days and 5 hours ago.

Answer

Every organization has the right to decide how it runs its election subject to its organizing papers. For a board of this nature, its the bylaws and where the bylaws dont address it, the board can pass a bylaw rule. I dont have access to state law to support this uniform rule so if you really need that i will need to opt out. Let me know.

395 days and 4 hours ago.

Reply

Can I reserve the right to come back to you regarding "opt out".

 

I will poll the Board to see if I have taken this far enough.

 

Thanks

Accepted Answer

That is fine. If you will want me to opt out let me know. Otherwise, if my answer satisfies you, accept it so that I get credit for my work.

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Expert: INFOLAWYER
Pos. Feedback: 97.0 %
Accepts: 
Answered: 10/24/2008

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