Ask Me Help Desk - Denial of the right to vote in private

The Board of Directors in my Park has used a Limited Proxy form as a duel purpose form. It is used to designate a Proxy, and/or to cast a vote without designating a Proxy. The problem is, both uses require a signature. I have been informed that if I choose not to use a Proxy, vote on the issues myself and not sign the form, my vote will not be counted.

The envelope used to send the Limited Proxy to the Board is signed. Once the envelope is opened, it is set aside and the Election Committee counts the vote. When all the votes are counted the results are given to the Board.

If I decide to vote and not sign the form, my vote will not be counted - therefore I am being denied my right to a private vote. If I do sign the form, the Board and Committee members will know how I voted. I DO NOT WANT THAT.

I would appreciate any suggestions on what to present to the Board of Directors (who are being very closed-minded on this subject) that would open their eyes and help them see the way to not stepping on my rights.

Quote:

Originally Posted by mel glynn

The Board of Directors in my Park has used a Limited Proxy form as a duel purpose form. It is used to designate a Proxy, and/or to cast a vote without designating a Proxy. The problem is, both uses require a signature. I have been informed that if I choose not to use a Proxy, vote on the issues myself and not sign the form, my vote will not be counted.

The envelope used to send the Limited Proxy to the Board is signed. Once the envelope is opened, it is set aside and the Election Committee counts the vote. When all the votes are counted the results are given to the Board.

If I decide to vote and not sign the form, my vote will not be counted - therefore I am being denied my right to a private vote. If I do sign the form, the Board and Committee members will know how I voted. I DO NOT WANT THAT.

I would appreciate any suggestions on what to present to the Board of Directors (who are being very closed-minded on this subject) that would open their eyes and help them see the way to not stepping on my rights.

I am in NYS and when we owned a condo the board had the same policy. It was challenged on several occasions and the persons who challenged lost because either numbering (which people objected to) the ballots or requiring a signature is the only way for the Board to be certain each person was voting once and not running ballots off by the bushelful and submitting them, anonymously.

The condo board had ONE PERSON who verified the ballots and made certain each unit had one. She did not tally the votes or keep any other record of how votes were cast.

My apologies if this isn't what you wanted to hear. But in a private association or organization, I take it you're talking about one, the entity has the right to limit the rights and powers that members can exercise. In other words, up to a certain extent, members do divest themselves of some right, if only to remain members of the organization.

If they feel their rights are not observed and/or violated, they can always leave the organization. After all, the right to association also connote the right not to associate oneself.

As regards the right to vote, I'm afraid we have a case here of only limiting and/or prescribing how to exercise the right, not totally depriving it from someone. There is a deprivation if you were totally not allowed to vote. The policy doesn't do that, it only provide how you will exercise the same.

Hello mel:

I would agree with the above post, IF membership in the private association ISN'T required. However, by virtue of one's address in a particular building, one MUST "join" an HOA, and has NO choice in the matter.

Given that membership in an HOA is a REQUIREMENT, the HOA is a quasi-governmental agency. It CANNOT therefore, as stated above, limit the rights and powers the members may exercise. A member of such an organization IS protected with the same rights they would have if they were dealing with the city or the state. In fact, any administrative activities MUST follow the Constitutional requirement for Due Process of Law.

I would write the board a letter informing them that they are violating your rights. Tell them further that if the state can hold an election with private votes, your association can too. Tell them further, that if they continue to violate your rights, you'll sue. Send your letter certified, return receipt requested.

excon

Quote:

Originally Posted by excon

Hello mel:

I would agree with the above post, IF membership in the private association ISN'T required. However, by virtue of one's address in a particular building, one MUST "join" an HOA, and has NO choice in the matter.

Given that membership in an HOA is a REQUIREMENT, the HOA is a quasi-governmental agency. It CANNOT therefore, as stated above, limit the rights and powers the members may exercise. A member of such an organization IS protected with the same rights they would have if they were dealing with the city or the state. In fact, any administrative activities MUST follow the Constitutional requirement for Due Process of Law.

I would write the board a letter informing them that they are violating your rights. Tell them further that if the state can hold an election with private votes, your association can too. Tell them further, that if they continue to violate your rights, you'll sue. Send your letter certified, return receipt requested.

excon

I agree - in my area at least membership in the HOA comes with the purchase. I suppose you can decide not to participate but you don't "join," as such.

Otherwise - I think the association's rules/bylaws have to be reviewed in order to determine whether anonymous votes are or are not allowed. Of course, you can't waive your legal rights but this is a private association and they may very well have voted at some point that this (the voting process) will be conducted in this manner.

When I vote a stock proxy I MUST sign my name. Without that signature the proxy vote is not counted. I have no Constitutional right to vote anonymously.

I am always open to being corrected - ?