Question:
We have an HOA Board election in September. In the last election board member called community members and advised them “”not to vote for the young people, they will ruin our community””, this was being said about a 45 year old successful community member, when the average age of our current board is 75-80. I’m also pretty sure that the board members went around and collected proxy votes from community members, although this is not against our bylaws in doesn’t feel right. Any advise you would give me and the many community members I represent in flipping this board? The president is up for reelection in Sept.
Also on a side note, is there a formal process for counting ballots in which we can ask outside people to count our ballot?
– Tanya
Answer:
Hi Tanya,
What you described with the age-based comments is inappropriate, even if not technically illegal. If you heard this firsthand or have others who did, document it and consider raising it at a board meeting or in writing. Keep it factual and professional.
Proxy voting is often allowed under HOA bylaws, but it should still be done ethically. If it feels like board members are pressuring residents, that’s a red flag. I’d suggest organizing with other concerned homeowners now, build support for candidates who want transparency and fairness, and make sure your group helps educate the community on the process.
You can request a neutral party to count ballots. Under Colorado law (C.R.S. § 38-33.3-310(1)(b)(VI)), the election must be fair and transparent, and ballots can be counted by an impartial committee or third party. Put that request in writing to the board well ahead of the election.
If things escalate or you see clear misuse of authority, it may be worth speaking to a Colorado HOA attorney or filing a complaint with the HOA Information and Resource Center. They don’t enforce, but they do track complaints and can guide you.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
