Article VIII: The Right to Vote and Run for Office

Homeowners shall have well-defined voting rights, including secret ballots, and no director shall have a conflict of interest.

Voting Rights:

The association cannot deny a homeowner’s right to vote on any issue that affects an assessment or provision of governing documents. A homeowner is the only one who is allowed to cast a vote. A proxy can be used if it: is dated and designates a meeting for which it applies, is not revocable without notice, and must designate each specific agenda item. The number of proxies held must be disclosed and they must be kept part of public record.

Candidacy:

Every homeowner has the right to run for office. In order to serve as director then the person must be appointed by the developer. Each candidate must make sure to disclose any relationship that might be of interest or might create a personal conflict if the candidate were to be elected.

Voting Procedure:

Elections for directors, recalls, votes on assessments, amendments to governing documents, operating rules or other matters must be conducted by secret ballot. All ballots must be kept as record of the election for the designated period by law. A vote can only be held if at least 25% of those with voting power show up for that particular vote.

Access to Forums:

A candidate for an election, or a homeowner wishes to express views as it relates to a homeowner vote, can use a forum that is paid for by the community. This can be a meeting area, bulletin board, or even a newsletter. Opponents are allowed equal time for the same forum under the same conditions.

This article makes sure that the homeowners all have the same right to vote. The power to deny votes carries with it a high rate of abuse, which is why these rules were set out to designate the exact time a vote may be had, or when a vote may be denied. This also states the specific way that a candidate may run and the method that they must use when doing so. Each homeowner should have equal access to community forums as a way to level the playing field. Even homeowner’s elections must be carried out with the same thoughtfulness as any election. The association does not want someone with a bad agenda to come in a seize power away when it truly belongs to those who live in the area.