Every community should have a written HOA ballot counting procedure. This procedure establishes the requirements and steps for tallying votes, ensuring a fair and consistent election each time. While exact specifications can vary, a general guide can help associations find their footing.
The Importance of an HOA Ballot Counting Procedure
In an HOA or condo association, homeowners vote on many things. These include board elections, capital projects, amendments to the governing documents, and large special assessments.
Given the role voting plays in a community, it is imperative to ensure fairness by establishing a ballot counting procedure. A formal procedure can help promote transparency and increase owner confidence. It also helps to minimize allegations of favoritism or election fraud.
Additionally, with a procedure in place, boards can make sure that elections remain consistent. The tallying of votes will follow the same requirements and steps from one vote to the next. Beyond that, it makes recounts and record reviews easier to manage.
Steps in the HOA Ballot Counting Process
While the exact steps can vary from one community to another, the HOA ballot counting process generally follows the flow below.
1. Secure All Ballots
First, the board or election committee must collect all the ballots. This can be done in person or via mail. Some will hand over the ballots personally at the election meeting.
The collection must not be limited to physical ballots. Boards must also secure absentee, proxy, and electronic ballots. Of course, boards must not do this until the deadline of submission.
Once collected, board members must protect the confidentiality of every ballot. Secure the ballots immediately to prevent tampering or accidental loss.
2. Verify Ballot Validity
Before counting votes, board members must confirm that each ballot is eligible for counting. This includes verifying the voter’s eligibility, checking that the ballot met the submission deadline, and confirming that there are no duplicate ballots.
Additionally, Texas law provides that in-person votes override absentee or electronic ballots. Board members must determine whether an owner who previously submitted an absentee ballot has instead cast an in-person vote. They must count the in-person vote, not the absentee or electronic vote.
3. Count the Votes
After verification, the board can then proceed to count all valid ballots. Associations should use the voting standards set forth in their governing documents. It is important to use the same criteria to evaluate every ballot.
4. Resolve Ballot Questions
Every now and then, a ballot may present an issue that requires further review. There could be missing information, questions about voter eligibility, duplicate submissions, or unclear voting instructions.
The association should have a process for reviewing challenged ballots. After resolving them, it is imperative to document the decisions.
5. Announce and Document the Results
After tallying the votes, the association should announce the results immediately. This announcement should include the names of the winning candidates, the vote totals, and/or any approved or rejected proposals.
Moreover, the board must record the results in the meeting minutes. It is essential to retain these minutes and other election documents, as these can help resolve future questions. They can also demonstrate that the board followed all established provisions.
FAQs on HOA Ballot Counting Procedure
Concerns often arise about the vote-counting process among HOAs. Here are the answers to the most commonly asked questions.
Who can count HOA ballots?
Texas law restricts who may tabulate votes. Under Section 209.00594, the following individuals may not tabulate ballots or access them:
- Candidates in the election,
- Individuals who are the subject of the vote, and/or
- Certain close relatives of those individuals.
This rule can help prevent conflicts of interest. It can also protect the credibility of the election process. While boards can certainly self-manage, many associations use a management company or an independent inspector to count votes.
Can candidates observe the HOA ballot counting procedure?
In Texas, Section 209.0058 permits the use of secret ballots. That said, the association must adopt clear rules that reasonably ensure no owner can cast more votes than permitted and that every eligible vote is counted.
If the HOA uses secret ballots, each candidate may designate one observer to watch the HOA ballot counting procedure. Observers can monitor the tallying of votes, but they can’t view any identifying information. If an observer disrupts the process, the board may remove them.
Who can access HOA ballots?
Confidentiality remains an important part of the voting process. Under Section 209.00594, candidates generally can’t access the ballots. Those who are counting the ballots also can’t disclose how a specific owner voted.
Access to the ballots must be limited to authorized vote tabulators and recount officials only. Associations should also maintain secure storage procedures for both physical and electronic ballots.
Can owners inspect HOA ballots?
While Texas law requires associations to make books and records available for owner inspection, ballots are neither expressly listed nor specifically exempt. In general, owners can usually review vote totals and election results. Whether or not ballots may be examined will depend on the governing documents.
It may also depend on the type of ballots. If they include identifying information, boards can argue that ballots must remain confidential. On the other hand, if they are secret ballots, the board may be able to allow inspection without problems.
Can an owner request a recount of HOA ballots?
Texas law gives owners the right to request a recount. As per Section 209.0057, an owner generally has 15 days after the meeting or the announcement of the results, whichever is later, to request a recount.
The requesting owner must pay the estimated recount costs initially. If the owner does not pay the invoice within the required timeframe, the recount request is considered withdrawn.
Furthermore, the association must hire a qualified independent individual to conduct the recount. The law requires that this person meet specific qualifications and remain independent from the association’s leadership.
If the recount changes the election outcome, the association must reimburse the requesting owner for the cost of the recount. Any board actions taken before the recount is completed remain valid, even if the recount later changes the election result.
Hiring Professional Help
A fair and consistent HOA ballot counting procedure helps maintain the integrity and transparency of any election. Board members must meet the requirements under state laws and their governing documents. When in doubt, it is beneficial to seek help from a professional HOA management company.
PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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