D.C. from outside of Connecticut writes:
Dear Mister Condo,
My condo is in the process of elections. Ballots are out and are due in 11 days. One of the candidates decided she does not want to be on the board. So, she sent out an email informing the association and says she is putting another homeowner in her place. And noted that all her votes will go towards the new person. Is she allowed to do this? Or does she resign if she is elected and then the board decides on a new person? Or do the other 5 candidates automatically get on?
Mister Condo replies:
D.C., I am sorry that I cannot answer these questions immediately as I handle them on a first come, first served basis. Your elections are already over but here’s my advice in case this comes up again. Refer to your specific governing documents to see what it says about elections. Most are quite explicit in the methodology and include the requirements for becoming a candidate and the election process. My guess is that what this nominated candidate has done is not allowed or even addressed in the documents. She is attempting to provide and undue influence on the outcome of the election and while it may not make any difference to the outcome of the election, it is an unfair practice. As a candidate, you have two choices – run or don’t run. You don’t get to tell the electorate where your votes are going. They go to you or they go to an opponent. They are not “yours” to delegate to another candidate as if a vote for you is a proxy for you to do with as you see fit. Depending on how this election went and how satisfied or dissatisfied the association members are, they could either accept the results or challenge them (which could involve a lawsuit and/or another election). If everyone seems happy, my advice is to let things lie and don’t ever allow this person a chance to interfere in the democratic election process again. It is unfair and puts the association in a precarious legal position at the least, and at a possible lawsuit position at the worst. Instead of a win/win, it is a lose/lose proposition. Good luck!