Wrong issue questioned in Board election
Posted on Wednesday, June 25, 2008
URL: http://www.nwanews.com/bvwv/Editorial/6586/
Although we spend lots of our time to insure that the members of the Property Owners Association have sound, factual information to work with, there always seems to be some segment of the community that chooses to put their own spin on the information. Most of the time this takes a direction that is far from accurate. The most recent Board of Directors election is a classic example.
Clearly, a few members are sold on the notion that the current Board of Directors invited, recommended or pressured National Recreational Properties Inc. to vote their lots “ for two incumbent Board members and a committee member wanting to move up to the Board. ”
Advocates of this idea state it as fact, and then admit that while they have no proof they offer their personal assurances that the Board's actions are underhanded and real and continue with their liable and slanderous statements. The right to publically accuse Board members in this manner should not be acceptable by anyone’s standards. There are legal boundaries established that protect all citizens from this type of behavior and serving in Board roles does not negate those protections.
Speaking of rights, what about a member's right to
Whether it comes as chitchat on the golf course or public comment in print, members deserve and should demand facts. If you expect your neighbors who serve as volunteers for the POA to be dead-on with the truth, then why not expect as much of our critics. Just seems sensible doesn't it ?
So why the current brouhaha ? Allegedly a corporate member voted their multiple lots in the 2008 Board election. The POA has 13, 544 lots owned by multiple lot owners. Of this number, 295 are corporate owners holding 5, 756 lots. Article III of the Declaration and Protective Covenants, entitles one vote per lot in Board elections. Any member or entity that owns more than one lot is entitled to a vote for each of those lots.
Some members disagree with this provision and feel that it gives unfair advantage to multiple lot owners. This is a two-way sword depending on where you stand. There is no question that multiple lot owners can control an election if the remaining 25, 000 lot owners choose not to cast a vote. The decision not to vote is an individual choice that each property owner has a right to make.
A few members have suggested that the Declaration should be changed to allow only one vote in Board elections regardless of the number of lots that are held. To approve this change would take away an individual’s right to protect their multiple lot investment. This change would have to be done through a vote of the membership and is not within the Board’s power to change.
The Board does have a responsibility to assure that elections are conducted in a manner that provides the highest degree of confidence and integrity. That includes a process that assures that ballots cast represent members in good standing; ballots cast are by the actual owner of a lot; each vote is properly counted; there is complete privacy of individual votes cast; and confidentially of final results until official announced at the annual meeting.
If this system worked in the past election, the real question the membership should be asking is “ how does anyone know who a property owner voted for and how was this made public ?”
Earlier this year the Board explored contracting out the election process. The estimated cost for this component was $ 30, 000, plus the $ 30, 000 in mailing fees makes an expensive annual election. The Board chose not to spend the additional dollars. However, if there cannot be some credibility established to the election process then this is a small price to pay.
The Board is currently not involved in any way with the election process. In my experience there has not been a single instance of the Board attempting to persuade any member or group of members to vote for a candidate or slate of candidates. The only time Board members become involved in Board election campaigns is when they themselves are
The current process is managed by POA members, who work with administrative services to verify lot ownership. They manage the entire election process, count the votes, and announce the winners. They spend many hours contributing their time and are equally concerned that their credibility is in question.
The Board is committed to fixing the “ real ” problem before the next election. If you have suggestions, we would like to hear from you. My contact information is available on the POA’s Web site at www. bellavistapoa. com, or you can send me a letter at the Bella Vista Country Club, 98 Clubhouse Drive, Bella Vista, Ark., 72715.