I recently represented an individual who lives in a condominium association in Palm Beach County. He originally lost the election because the following types of votes were not counted:
- Exterior envelopes that the association said were forged;
- Ballots returned in envelopes other than envelopes provided by the association – but still me the requirements for a proper envelope.
- Ballots that were not returned in an interior “ballot envelope” but were returned in the larger exterior envelope which was otherwise properly filled out.
After a lengthy arbitration proceeding, and after ordering the parties to meet and open all remaining envelopes, the arbitrator issued a lengthy final order that associations can certainly learn from, especially during our busy election season.
To read the order, click here.