Our Texas Condo HOA conducted a vote for a special assessment that barely passed. Upon request of a homeowner to inspect and count the ballots, they denied the homeowner claiming it was a "secret ballot". Although the bylaws of the HOA allow secret ballots upon request of a single homeowner, there is nothing else in the bylaws that details the process that should be followed. Therefore, is there a state law that gives details on the process of secret ballots for nonprofit corps in Texas?
Country relating to Question: United States
State (if USA): Texas
If you researched it and you couldn't find it, that is because there is nothing so specific in Texas state law as about secret ballots.My recommendation is that if the process is not covered in the bylaws of your HOA, that you either decide what the process and procedures will be before the secret balloting, or you appoint an impartial third party referee whom everyone trusts to run an election, and leave the rules of the secret balloting up to that impartial referee to conduct a fair election.That is really the only way to handle it, because someone is bound to be unhappy with the results and will, of course, find some way to object on a procedural basis.I trust this answers your questions. I wish you all the best.
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