Votes have been cast

All the votes for the new Directors of the HOA should have been cast by now. Ballots were due at the HOA office by 5:00PM today, Friday, November 5.

Even though the Voting Members were supposed to vote for only four directors, they were told to vote for up to five. The By-Laws call for only four (4) directors to be elected this year.

The president of the HOA, Justin Martin, decided unilaterally that HOA would not comply with the By-Laws to appoint a successor to fill the unexpired term of George Reynolds, who died in April. Instead, Justin decided that the Voting Members would elect a fifth director. Recently, Justidn decided that the fifth director would have a two-year term on the 2021-2023, rather than just serving out George's unexpired term (2020-2022).

This presents a MAJOR legal issue for the HOA. The other five members (Auby Dellinger, Paul Hill, Greg Thomas, Mary Ann Game, Vernell Butler) of the board did not oppose or challenge Justin, as they should have. By electing a fifth director of this board, the balance tilts from 4/3 to 5/2. There is a strong business reason why boards split the rotation of elections as 4/3. It keeps one group from having too much power.

It probably doesn't make much difference, because the HOA board did not operate with Motions, Seconds, Discussions and Votes. Mostly, Justin just decided the way it was going to be, and the other directors acted like those little doggies on the back shelf in a car when it bounced over the railroad tracks - dutifully nodding their heads (or, at least, not saying No).

One has to wonder how the ballots will be secured. Just in a file drawer at the office? Is there a safe? Will they be taken off-site? By whom? Who has keys to the office? 

If ballots are not to be counted until Tuesday at 5:00PM, why was the deadline today? Why not 4:00PM on Tuesday? Or even 4:55PM?

Presumably, a Voting Member annual meeting was called for Tuesday, November 9, at 5:00PM. But maybe not. Will it be a virtual meeting? Will it be open to the public? There are supposed to be two independent vote-counters present. Last year, one wasn't quite so independent; he a relative of a board member. And in some years a deputy sheriff has been present. It's not entirely clear why a RCSD deputy would be present at vote-counting. 

Is there a need for law-enforcement? A deputy shouldn't be there as a civilian witness to ballot counting.

Who will the five top vote-getters be? Will the count be revealed? Or will just the winners be announced? How will the unsuccessful two candidates know the election was fair?

When the November board meeting convenes, will the new directors be announced? And will an election of officers be held?

Will the officers understand they are to conduct the business of the HOA in accordance with Robert's Rules of Order? (By-Laws, Art. VI, Section 2) My guess is that most of the current board don't even know what Robert's Rules of Order is. The Rules certainly have not been followed at meetings. Will the new board and officers make an effort to follow the Rules more closely? 

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