Condo Board Keeping Election Results Private

V.M. from outside of Connecticut writes:

Dear Mister Condo,

Voting for three trustee positions with four individuals seeking a position was done primarily via proxy ballot. At the annual meeting, a quorum was not achieved. Some unit owners believe we have an obligation to post the results of the ballot count even though there was no quorum. What is your opinion?

Mister Condo replies:

V.M., results of any vote, proxy or other, are association records. As such, all unit owners have a right to see the results. However, allowing access to records and posting the results are two different things. I would say that any unit owner who wishes to see the results should request the record inspection. The association may or may not charge a small fee for the record inspection as detailed on your state law. My advice would be to always keep communication channels open between unit owners and the Board so as not to give the appearance of impropriety. An informed constituency is generally happier than one that is kept in the dark.

The lack of quorum at your Annual Meeting has no effect on this but it does bear the question of why proxy voting is required and why unit owners are not attending the Annual Meeting. This is common in seasonal properties (i.e. beach communities where owners may not be present year-round) but uncommon in associations where unit owners are typically at home. If the reason for no quorum is unit owner apathy, the unit owners have no one to blame but themselves. As long as the Board has nothing to hide, I would publish the results of the vote just to keep everyone happy and informed. All the best!

One thought on “Condo Board Keeping Election Results Private

  1. I would check with your Association’s attorney but our experience is that if a legal quorum as required by the Association’s Bylaws is not achieved for a Board or an owner’s meeting, then there is no legal meeting and no official business may take place, including an election. I suspect that the results of the noted election will be vacated if challenged.

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