Southampton condominium holds sham election

Southampton condominium held another sham election at the annual meeting on October 10.

Three candidates were elected to the Board of Directors by "acclamation" — a procedure not found in the condominium covenants.

One of the three elected did not submit the required Candidate Statement. The statement of a fourth candidate, submitted on time and in the proper format, was not presented to members to vote upon.

A catered dinner — paid for by one of the candidates elected, and publicized at the expense of the Association, was enjoyed by members.

The customary, end-of-year financial statements were not made available to members.

An "Internal Complaint" has been filed by the fourth candidate. The full text of the complaint follows:

1 — ANNUAL MEETING PACKAGE GROSSLY DEFICIENT

The October 10, 2013, annual meeting package mailed to unit owners on September 11, 2013 contained no financial information, no candidate statements, no issues to be voted upon. There was no way for an absentee owner to vote for the candidate of their choice.

Yes, the absentee owner could give a proxy to someone else, but they couldn't direct how the proxy should be voted since candidates for election to the Board of Directors were not listed on the proxy. I did not receive a reply to my email of October 1 expressing this concern.

Neither the annual meeting package nor the Association website contained financial information and minutes of meetings to allow one to cast an intelligent vote. The most recent financial information at the Association website was for 2011. The most recent minutes of meetings available were for August 2012.

2 — CANDIDATE STATEMENT WAS NOT MADE AVAILABLE TO UNIT OWNERS

The notice of annual meeting stated “a property owner desiring to be listed as a candidate on the election ballot” must submit a “one-sided  8 1/2 by 11” statement to Cardinal Management by October 7, 2013.

My candidate statement was delivered to Cardinal Management on October 2, 2013 — USPS Tracking Number 70131090000125656499.

My statement was not distributed at the annual meeting. My name was not on the election ballot, and it was not made available to unit owners who chose not to attend the meeting.

Who made the decision to exclude my candidate statement? There was no notice of a meeting to consider this issue. This is third time that I have been excluded from the full election process, and received no explanation for this unprecedented action. Why? Is it racism or bigotry?

3 — CONTINUING VIOLATION OF § 55-79.75.

§ 55-79.75. Meetings of unit owners’ associations and executive organ requires “at least one copy of all agenda packets and materials furnished to members of the executive organ or subcommittee or other committee thereof for a meeting shall be made available for inspection by the membership of the unit owners’ association at the same time such documents are furnished to the members of the executive organ”.

This information was not made available to unit owners “at the same time such documents are furnished to the members of the executive organ” for the annual meeting. It has not been made available to unit owners for meetings of the Board of Directors for at least the past two years despite notices to the Board.

4 — CONTINUING VIOLATION OF § 55-79.75:1.

§ 55-79.75:1. Distribution of information by members requires (1) “a reasonable, effective, and free method, appropriate to the size and nature of the condominium, for unit owners to communicate among themselves” and (2) “the executive organ shall not require prior approval of the dissemination or content of any material regarding any matter concerning the unit owners’ association.”

No procedure exists to implement this requirement of Virginia law.

5 — DRAWING FOR FREE MONTH OF ASSESSMENTS VIOLATES COVENANTS

The Southampton newsletter received today states "there will be two drawings for a free month of assessments" at the October 10 meeting of the Association.

Condominium Declaration, ARTICLE VII, states "the Unit Owners Association shall not . . . change the pro rata interest or obligation of any residential Condominium Unit as shown in EXHIBIT "E".

Condominium Bylaws, ARTICLE IX, state "Each member shall pay . . . a monthly sum . . . equal to one-twelfth (1/12) of the member's proportionate share".

Releasing any unit owner from paying their pro rata share effects the amount paid by all unit owners, i.e. changes other unit owners’ pro rata share.

And why only " two drawings"? Why not 5, or 10, or 50? Where does one draw the line?

6 — CATERED DINNER SERVED AT ELECTION

A catered dinner was served at the election venue. It was paid for by a member of the Board of Directors (whose term was expiring) who was running for election. Invitations to the dinner were included in the election package mailed to unit owners at the Association’s expense.

DESIRED ACTION

1 — The annual meeting held on October 10 be declared annulled, and a new meeting held within three months.

2 — All candidates statements should be made available to all unit owners at the same time that proxy statements are made available to them.

3 — Within three months, rules be implemented to comply with § 55-79.75. All “agenda packets and materials furnished to members of the executive organ or subcommittee or other committee thereof for a meeting shall be made available for inspection by the membership of the unit owners' association” on the Internet and on the condominium premises “at the same time such documents are furnished to the members of the executive organ.”

4 — Within three months, rules be implemented to comply with § 55-79.75:1. The rules should provide (1) “a reasonable, effective, and free method, appropriate to the size and nature of the condominium, for unit owners to communicate among themselves” and (2) “the executive organ shall not require prior approval of the dissemination or content of any material regarding any matter concerning the unit owners’ association.”

5 — The Association should cease and desist from exempting any homeowner for paying the their pro rata interest or obligation of any residential Condominium Unit as shown in EXHIBIT "E" of the Condominium Declaration.

6 — To assure a fair election all candidates should play by the same rules. Activity at the election venue that is not sponsored by the Association should be forbidden.

7 — Within thirty days, provide all records, documents, minutes, emails relating to the decision to exclude my candidate statement from the ballot, and for not making it available to all unit owners.

8 — Within thirty days, provide a copy of all candidate statements submitted for the October 10, 2013 annual meeting.

Under what circumstances must a condominium election be voided and redone?