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    arttheappraiser's Avatar
    arttheappraiser Posts: 1, Reputation: 1
    New Member
    		  
    #1

    May 15, 2008, 10:07 AM
    Ballot return to HOA member ?
    Can an HOA member ask for the return of a ballot [two envelope system] previously mailed to the management company BEFORE the ballots are opened? Is this return precluded by state law in California? If so, what is the law?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    May 16, 2008, 07:45 AM
    Hello art:

    There aren't laws to cover every possible occurrence. I'm sure there are no laws that cover this...

    If you voted AND MAILED your ballot, the ballot belongs to the people who you mailed it to - NOT YOU. Do they have to give you THEIR property?? NO.

    excon
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #3

    May 16, 2008, 03:47 PM
    I believe the ballot became final when the postmark was applied. However, having been an HOA board member (not in CA) I believe the directors of you HOA have the authority to rule on this request. My HOA had the power to write the by-laws, which set forth voting procedures.
    If the deadline for receipt of ballots has passed, it would be a definite no.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 16, 2008, 06:39 PM
    As noted it can be returned only if the board will agree to return it.
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