—Ethical Unit Owner
“It is not uncommon for board members to be reelected, however, the ballots for each election should be delivered to the inspectors of the election (to be appointed at the beginning of the meeting) and thereafter tabulated by them. It is highly irregular and is not appropriate for any person running for the board to receive the ballots or have access to them. Each of the inspectorsof the electionshould receive the ballots at the meeting, tabulate and submit an affidavit confirming that the tabulation of the ballots was properlyperformed. If time does not reasonably allow the complete tabulation of the votes by the time the meeting is adjourned, the inspectors should be given the ballots and complete the process the next day. In any event, the results should be posted so that all of the unit owners will be informed of the names of the individuals elected to the board.
“If the letter writer or any other unit owner wishes to run for the board or support other candidates to run for the board, they should solicit proxies since many unit owners may not attend the meeting. Generally the bylaws provide in voting for board members, that each unit owner receives one vote for each amount of the common interests of the condominium which he or she ownsand the candidates receiving the highest number of votes shall be elected. The Condominium Act requires that at least one third of the board be elected each year.
“In the eventa unit owner believes that there was an irregularity in the election,the following options may be available: 1)an application to the court challenging the election to determine if itwas properly conducted, and possibly ruling that another meeting must be held for a new election; 2) a special meetingmay be called forthe election of a new board; or 3) the unit owners may seek to remove a board member or members. The bylaws of the condominium must be reviewed to determine how some of the above actions may be taken and what requirements must be met to proceed with such actions.”