Condo Association Management Blog

You need to follow your association by-laws in regards to voting. Most by-laws are broad enough to allow for associations (most organizations are similar in this regard) to determine the rules for elections for themselves within certain guidelines. 
 
It sounds like you didn't have many candidates and then there was unhappiness from those that did not attend. 
 
From what I read, you have percentage of value. This gives a different value, or weight, to votes. The question I would have is "Did you have a quorum?" If you had a quorum in person or by proxy, then the election is proper. This is not a question of legal or illegal. It is a question of proper or improper. If deemed improper by the association, an emergency meeting can be called and an election held. 
 
It is often tough to get people to serve on boards. A good nominating process along with a date for closing nominations as well as absentee ballots may help. However, I always urge that absentee ballots are not secret - like any absentee ballot, they must be signed. This is a recommended fraud measure. 
 
If you wish an independent party to count ballots and certify the election, hire an accounting firm. 
 
There is no "best method". Your community needs to find the method that works best for it.

A few more comments - you can have absentee ballots and proxies. Proxies assign your right to vote to someone else for that vote or election. Absentee ballots, you are voting for yourself before the actual election because you will not be there. 
 
However, if you have absentee ballots, you cannot have nominations from the floor. That then takes away the rights of those voting to either vote for or against that candidate, as they are unaware of the candidate. If you have absentee ballots, nominations must be closed prior to the time the ballots are due.

Not in Florida!!! I don't know where you are but it is illegal to have secret ballots here. FS718 clearly spells out the voting procedure for the election of the Board and officers. Voting for a Board must be by attendees or proxy with a majority of members present. The process is lengthy and must follow the law otherwise the election is not valid. BE SURE TO CHECK YOUR STATE LAWS.

You do not specify if you are a condo or HOA, But you must go by your docs. I take some issues with the statement before me as Florida clearly allows for secret ballots. But it is likely I misunderstand the point.

Don't listen to Cebo. 
 
I'm a certified election monitor and licensed CAM. Vote for a Board member is only done by secret ballot. It is the process used in tallying which ensures the ballot is secret. 
 
In Florida condos, the owner must mark their own ballot, place it in a ballot envelope, and then seal the ballot envelope inside an outer envelope which contains the unit number, owner name, address and owner signature. In no event may proxies be used for an election to assign someone else the right to vote for you. The only purpose of a proxy is to allow another person attending the meeting to count towards the quorum requirements. I.E., Jane Doe who is attending, may not vote for you but her mere presence establishes a quorum at the membership meeting. 
 
The ballot itself containing the vote should be filled out by the owener(s) of the unit and returned once again as previously stated ahead of time, or if the owner is attending, at the annual meeting. 
 
The outer envelopes are verified against a membership roster. Marked either verified or discarded. The outer envelopes of the verified votes are then opened and the inner envelopes are left sealed and placed into a pile. Once all inner envelopes have been removed from outer envelopes, you then begin opening the inner envelopes and placing the ballot in a pile. Once that is done, you begin the tally.  
 
There are some other details in the process we use, but for all intent purposes, that's it.

Florida statues Chapter 718 prescribes the procedures that must be followed in the annual election process. In addition tRule 61B-23.oo.21 of the administrative code pertain. Secret ballots are mandatory. Should an association recieve,prior to the election a petition by 15% of the total voting interests in a condominium association or by 6 unit ownersmwhichever is greater----appoint an election monitor to conduct the election. All costs of the election shall be paid by the association. A very attractive independent group who, at no charge, may volunteer to be the impartial counters of the ballots is the local chapter of the League Of Women Voters.

Contrary to what some others have posted regarding elections in FL HOAs and condos, here is exactly what the FL statutes say: 
 
 
 
Regarding secret ballots:  
 
1)Condo statute 718.112 states they may be used UNLESS the bylaws provide otherwise. This means that whatever the bylaws say rules. 
 
1) HOA statute 720.306 says they may be used IF permited in the gov. docs. This means that whatever is in the gov. docs. rules 
 
 
 
Regarding proxies: 
 
1) Condo statute 718.12 prohibits proxies. 
 
2) HOA statute 720.306 allows proxies UNLESS otherwise provided in the gov. docs. This means that whatever the gov. docs. say rules.

Is it legal for a board president to alter minutes (as recorded by the secretary) and submit for distribution to the community without consent of the board members?  
The minutes were not in error, the president did not want to share resident comments that reflected negatively on on the board.