Condo Association Management Blog

poster..... suggest you read your post with a "fresh eye" and see if you can understand it ???

I agree... I got a little lost in the OP's description of the events.

How many seats were up for election? 
 
When were nominations due? 
 
Were nominations allowed from the floor? (Some documents allow this.) 
 
Do you have a concern with proxies and do you understand what a proxy is? 
 
The question is difficult to answer as you pose due to the unclear nature of your question.

What do your bylaws and State Condominium law specify about annual board elections and the process to be followed??

If you were in Florida (you don't say where you are) the process is spelled out in the FL statutes under FS 718.112.2(d). 
It says that 40 days prior to elections those who intend to run must submit a form stating that fact. 35 days prior to elections, the candidates must submit a fact sheet on their qualifications. At election time, ballots are distributed to the owners along with instruction as to how to proceed with the voting. Voting by proxy is not allowed in an election. Voting is also by secret ballot, ballots are submitted to the board who must assign a disinterested third party to collect and count the vote. Only persons on the ballot are to be allowed to be voted upon. 
If no one submits an intent to run, then those currently on the board "roll-over" onto the next board and elect officers and directors on the board. If there are vacancies because of resignation or other issue, the the board can invite a qualified person to fill the vacancy. Your particular state may have differing procedures, you can find out by checking your state law. Your by-laws may have some procedure spelled out but state law will be the governing rule.

If I understand you correctly: your're saying that although 2 votes per proxy are permitted, it is intended to mean that each of these two votes must be cast on two separate/different candidates. Generally speaking this is correct, UNLESS, the governing documents provide that each unit may cast TWO votes. If 2 votes are permitted, then there may be no problem with what they did.  
 
 
 
I actually manage an association that permits 2 votes per unit FOR EACH CANDIDATE. It doesn't make sense to me, but I think the intent is to allow for a husband and wife (for example) to vote for different candidates.  
 
 
 
If this is the case, your management company should be instructing each unit owner that they may cast 2 votes for EACH candidate they select (or a total of 4). In your case where 3 people are running, feasibly an owner could cast 2 votes for one person, and 1 vote for the other two, as well as abstain from casting one or more of the permitted votes which would essentially create the situation you posted.  
 
 
 
Multiple votes per candidate may also apply where a "coalition" type board is selected, (EXTREMELY RARE). 
 
 
 
 
 
As always, go to the governing docs!! The association bylaws should spell out everything regarding the election process Likewise, most governing docs call for "election judges" who should be be aquainted with the rules. 
 
 
 
If you think that your documents are unclear the board can always adopt a resolution to clarify them. If the owners feel that the rules should be changed, they can always be amended. 
 
 
 

In North Carolina, if it is found that a proxy for the Annual Meeting has a forged signature on it, does it negate the entire election?

I found the OP's message to be a bit confusing. I'm wondering if cumulative voting is allowed. With cumulative voting you may cast 2 votes for one person -- 2 votes because there were 2 positions open. If there were 3 positions open, you could cast all 3 votes for one person. Cumulative voting can only be used if the bylaws and/or state law allow it.

I RECEIVED A PHNE DEATH THREAT: "BACK OFF RESEARCHING PONDS..A HOMICIDE IS CLOSING IN." THE CITY POLICE INVESTIGATED AND HAVE THE WRITTEN CHARGE. THIS HAPPENED FOUR YEARS AGO. I REPORTED THIS TO BD. 4 YEARS AGO AND EVERY YEAR SINCE DURING ASSOC. OPEN MEETINGS. I HAVE RECEIVED NO RESPONSE . IS THIS AFREEDOM OF SPEECH VIOLATION? HOW DO I HANDLE THIS?

Lindy, 
 
 
 
Since the police investigated and found nothing and it's been 4 years and nothing has happened I would view it as a bogus threat. Some members like to threaten board members all the time -- it comes with the territory. 
 
BTW, what happened with the pond research? 
 
Where do you get a freedom of speech violation????

Richard Blenden. Obviously the forged proxy cannot be counted and if the out come of the election could rest upon that \vote you will have to run the election process again.

In regard to the comment about two votes. I see no purpose in such a procedure. To vote one mst be a unit owner and a proxy or a viote must carru the signature of all owner.If two votes per unit were acceoted how would you handle a vite where one unit owner differs in his choice with the co -oner??

Three Words: I AM CONFUSED.