Improper Voting Procedures

January 30, 2014

This is for Member information:

I agree with Members that all this nonsense about the interim board is very exhausting and we are all tired of the lies.

Members, this letter is written to Dave West in regards to the cover letter that was in the mailing of the pros and cons.

Subject: Association Membership Vote on Ownership of Motor Grader.

At the end of this letter a complete word for word of Article II Section 2 is there for your information.

Dave, your cover letter that you enclosed in the mail out in regards to the grader you have misleading information and you have wrongfully interpreted the Bylaws that you are quoting.

#1 – You stated and I quote “Note that your lot number(s) are on the back of the return envelope. Do not substitute a different envelope for your ballot return.”

You cannot change the by-laws on your own regarding the voting process. It has to be voted on by the membership. As stated in the by-laws Article XIV. “The Board of Directors may amend these Bylaws to comply with current Arizona Statutes (as they may be revised from time to time) without the approval of the members. For any other purpose the Board may only amend, adopt or repeal these Bylaws with approval from two-thirds (2/3) majority vote of Members meeting forty percent (40%) quorum and in accordance with the provisions set forth in Article II, Section 2 and 3. In no event may these Bylaws be amended in such a way as to create a conflict with or violate Arizona law.”

#2 – Your last statement in your cover letter you said and I quote “Return ballots must be received on or before February 14, 1014. Hand ballots will not be accepted. (See Bylaws, Article II section 2.”

Action requiring a vote by the Members that the Association may take at any annual, regular or special meeting of the members may take place by written ballot cast IN PERSON at the meeting and/or by absentee ballot received prior to the meeting by U.S. Mail, overnight courier, facsimile, or other electronic means.

The Association shall deliver a written ballot to every Member entitled to vote at the same time as Notice of the meeting is given which states that the completed ballot must be received prior to or At The Meeting in order to be counted.

THEREFORE THE BALLOT YOU MEMBERS WILL BE RECEICING REGARDING THE MOTOR GRADER IS OUT OF COMPLANCE WITH OUR BYLAWS BECAUSE NO NOTICE OF A MEETING WAS STATED AND THEREFORE THERE WOULD BE NO ACCOUTABILITY OF YOUR VOTE EVER BEING RECEIVED OR RESULTS COUNTED..

Article II

Section 2. Voting. Action requiring a vote by the Members that the Association may take at any annual, regular or special meeting of the members may take place by written ballot cast IN PERSON at the meeting and/or by absenteeballot received prior to the meeting by U.S. Mail, overnight courier, facsimile, or other electronic means. Votes may not be cast by Proxy. The Association shall deliver a written ballot to every Member entitled to vote at the same time as Notice of the meeting is given which states that the completed ballot must be received prior to or At The Meeting in order to be counted. Absentee ballots must comply with all of the following: a) Set forth each proposed action; b) Provide an opportunity to vote for or against each proposed action; c) Valid for only one specified election or meeting of the Members and expires automatically after the completion of the election or meeting. D) Does not authorize another person to cast votes on behalf of the Member; and e) Specifies the time and date by which the ballot must be delivered to the Board in order to be counted (at least seven days after the date the ballot was delivered to the Member). WRITTEN ballots shall provide for the name of the Member voting, set forth each proposed action and provide an opportunity to vote for or against each proposed action.”

Let’s break this down. 1) It states that when a vote is required by Members it has to be done at a meeting. 2) When you deliver a ballot to a member you must included a notice of the meeting. 3) Written votes can be cast at the meeting. It says nothing about having to turn your vote in prior to the meeting, but at the meeting and prior to the votes being counted. 4) Absentee ballots must be received by a certain date. That’s logical. 5) It also states that a Member can write a ballot as long as their name is on the ballot and the proposed action is stated.

So with all this being said, Dave you have sent out a ballot that is out of compliance with the Bylaws and therefore the vote should be null and void. You have wasted POA money by trying to mislead this Association once again. I find this appalling and not in the best interest of our Association.

Dave, no one in this association ever had a problem that I know of with vote counters. The issue of you receiving the mailed ballots has the concern of the members. We asked that a neutral party receive them. This was brought to your attention at the last special meeting. However your board meeting minutes did not reflect this issue.

Sheri Johnson (Lot 249)