CAN OWNERS REVIEW ELECTION MATERIALS IN AN HOA OR CONDO?

Here are a couple of questions I recently was asked about election envelopes and review of
materials:

Question: Are associations required to preserve the outer (signed) envelopes in addition to
the ballots from an election?

Answer: Yes, they should be saved as they are part of the election materials and provide verification of
the returns (which is needed for quota purposes). And in some cases, the envelopes are unsigned so the ballot materials would probably not even be extracted.

Question: May an owner request a list of members who voted in a recent election? Should he or she be
permitted to review and gather that information from those outer envelopes about who voted in the election?

Answer: Review of election materials would require a written request and reason submitted to the
Inspector of Election, and I believe most attorneys would recommend that the request at least be considered, and if there was valid cause (an experienced attorney should probably be consulted about this), then the likely result would be to let an agreed intermediary (instead of the owner). It would be okay to verify the number of ballot packages returned (which would be represented by the return envelopes). This would confirm that a “quorum” responded – if that was the issue, but would NOT allow someone to determine specifically which owners voted and which did not. There is no reason to disclose that information.

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