A set of board members elected into office make up the Homeowners associations. When it comes to elections, members typically have a few options, one being an HOA secret ballot.
What is an HOA Secret Ballot?
When voting in
HOA elections, members cast their votes by submitting a ballot. A secret ballot is simply a vote or ballot that does not have any identifier. That means details such as the voter's name, address, lot number, or contact information are left off the ballot. The entire point of using an HOA secret ballot is to maintain anonymity for the voter. Many homeowners associations also use them to vote for other things, such as amending governing documents and approving specific projects.
Benefits of Using a Secret Ballot in HOA Voting
Some might wonder why there is even a need to use secret ballots in an HOA community. If the results are all the same, why go the extra mile to protect the voter's identity? A couple of arguments support the use of secret ballots or anonymous votes.
Eliminates Pressure
Removing the voter's identity from the ballot can make them feel more at ease. By hiding their identity, voters can feel more comfortable voting for the person they want to vote for or the issue they feel more intensely. It also eliminates possible peer pressure as well as the use of tactics such as intimidation and threats.
Security
The HOA secret ballot method is more secure than the traditional one. When adequately executed, secret voting ensures a fair election. It can also help the association avoid claims of fraudulent or biased polls.
Are Secret Ballots Required?
There are two areas to look at when determining whether secret ballots are mandatory in your HOA.
First, you should refer to your state laws. In some states, the law requires associations to adopt secret voting methods regarding HOA elections. In others, certain conditions would trigger secret ballots.
The second place to look is your governing documents. Your bylaws and CC&Rs should be able to tell you when secret ballots must come into play. The papers should also contain the requirements and procedures for using secret ballots.
Sometimes, your state laws and governing documents will only say about secret ballots. If you wish to adopt secret ballot voting, it is best to amend your governing documents to include a provision allowing its use.
When is There a Need for HOA Secret Ballots?
Apart from state laws or your
governing documents requiring it, there are other reasons to adopt secret ballots. Certain situations may call for it. Here are some examples where your HOA may need to use secret ballots.
Challenging Board Positions
Many communities need help recruiting owners to join the HOA board. As such, it is uncommon for an HOA to have more candidates than available seats on the board. When such a situation arises, secret ballots are usually the better option, so no person can claim that members felt obliged to vote for their neighbor rather than another candidate. Again, it circles back to eliminating pressure and making voters feel more comfortable about their choices.
When the Board Decides
Another situation is when the board decides that it is necessary to vote in secret. Following the governing documents, if the committee feels that a specific issue calls for secret ballots, it shall be used. A board might feel this way when voting on controversial topics, as the secrecy can give voters added confidence in their votes.
When Residents Request It
Usually, state laws or governing documents give residents the ability to demand secret ballots. While the specific requirements can vary, such a request must usually be made by 20% of the membership.
The HOA Secret Ballot Process
Traditional ballots are accessible — voters fill them out and either drop them off or mail them to the right place. With formal votes, there is no need to worry about hiding voters' identities. But, with secret ballots, the HOA must exert additional effort to ensure that voices remain anonymous.
Generally, the process of an HOA secret ballot involves the following steps:
- The association mails the ballots to all members, along with two pre-addressed envelopes and instructions on how members can return the ballots. This step must take place ahead of time — usually at least 30 days before the deadline to submit votes.
- Members fill out their ballots but leave identifiers such as names, addresses, lot numbers, and contact details blank.
- Members place their properly filled-out votes in the first sealed envelope. They then insert this first envelope into the second one. The second envelope must indicate the voter's name, signature, and address in the upper left-hand corner. However, this information remains confidential upon the counting of the votes.
- Members should then mail the envelope to a neutral third party. Alternatively, a committee of volunteers can receive the envelopes. If going with the latter, the committee must not include any current board members, candidates running for the board, or managers.
- The neutral third party or committee of volunteers will then proceed with secret ballot tabulation.
- The final step is to announce the vote results at the next meeting. When reporting the results, all identifiers must remain confidential as well. There must be no mention of names, addresses, lot numbers, or contact information, as doing otherwise would defeat the purpose of the HOA secret ballot method.
Contact Us
The HOA secret ballot can be a powerful and helpful tool in ensuring fair and free elections. Running an HOA community, especially a large one, can be challenging. Because certain complexities are involved, you must familiarize yourself with state laws and your community's provisions regarding secret ballots. If your HOA board needs help,
contact Condominium Associates today!
