A Recount of Votes Policy was adopted during Tuesday’s regular Board meeting to help ensure that the Association will not be responsible for the costs associated with such a request. The policy mirrors Texas Property Code Section 209.0057(b), which requires any party making the request to pay all costs associated with a recount unless the recount changes the results of a vote, wherein the Association would then be responsible to reimburse the requesting party/parties.
This comes on the heels of a frivolous open-records request by a homeowner who was demanding that the Association (fellow homeowners) foot the bill for the time and materials invested for “all” records in the Association’s possession. However, just days before the request the Board adopted the Records Reproduction & Copying Policy in accordance with Texas Property Code requirements, which would have cost homeowners several hundreds of dollars, had the policy not been in place. After standing it’s ground to require payment from the homeowner in accordance with the policy and after a final threat of legal action by the homeowner against the Association, the Board closed the matter when the homeowner in question failed to respond within 30 days to a certified letter demanding prepayment.
The vote tally will occur during an open meeting of the Board where homeowners may come and observe. The process to tally the ballots was reviewed during Tuesday’s Board meeting to help ensure that the process will be open and transparent to help alleviate the need for any homeowner to question the results.