Board votes not to void unlawful election

Last evening, the Board of Directors voted not to void the unlawful election held on October 10, 2013. At the 2013 election, absentee owners and those not attending were denied the opportunity to vote for the candidates of their choosing.

The situation arose because the notice for the 2013 annual meeting at which directors were to be elected was given concurrently (indeed in the same letter) with the call for candidates and the Proxy Form. Obviously, candidates cannot be listed on the Proxy Form if the call for candidates is not issued well before the Proxy Forms are printed.

The Board has recognized this failing in response to a homeowner complaint. The March 7, 2014 response states, "We will be mailing a call for candidates well in advance of this year's annual meeting." Indeed, this is how elections were conducted under better management.

In essence, the Board recognizes that the 2013 election was not properly conducted, but chooses to accept its results anyway.

The proper course of action is to declare the election void. Those "elected" on October 10, 2013 should be considered appointed to their current position on the Board until the next annual meeting.