HOAleader.com - Tip of the Week - July 1, 2016
Published: Fri, 07/01/16
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HOA Election Fixing Is Alive and Well
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In this week’s tip, we reveal rampant election rigging in Pennsylvania!
OK, maybe it’s not rampant. But it happened. Two Pennsylvania men have been convicted of hundreds—literally hundreds—of counts related to their manipulation of an HOA election.
The case was launched in May 2014 by an employee of the Wild Acres Lake HOA in Dingmans Ferry, Pa., who called the local district attorney’s office to report possible fraud in the HOA’s election scheduled for the next month, according to the Pocono Record.
The Pennsylvania State Police stepped in and heard what made the employee suspicious. The employee said the HOA’s secretary, Myron Cowher, told the employee to pick out the ballots—being readied for mailing to the owners—for owners of vacant lots unsuitable for building. Cowher reportedly told the employee those owners rarely voted in elections. Cowher also stated he’d pick up the ballots.
The state police “monitored” a meeting between the employee and Cowher, at which Cowher filled out nine ballots himself and took the other 62 with him. He was arrested when he left the meeting.
Later evidence caused the authorities to also arrest the HOA’s chairman, Dmitry Kupershmidt. Prosecutors presented evidence that the two HOA officers agreed to conduct the scheme and that Kuperschmidt had also suggested the employee disable the office cameras so the men could avoid detection.
They were found guilty May 23 after a four-day trial—Cowher of all 217 counts against him involving forgery, identity theft, criminal attempt, criminal conspiracy, tampering with records, and criminal use of a communication facility. Kupershmidt was convicted of a mere 190 counts. Sentencing is scheduled for Aug. 4.
This type of election fraud is unlikely in Arizona, reports Steve Cheifetz, a partner at Cheifetz Iannitelli Marcolini in Phoenix. “Arizona prohibits proxy voting, and I think legislators did that to avoid this type of issue,” he says. “I sometimes hear allegations or concerns over election fraud, and I’m usually skeptical.”
This is more common than people think but probably not common in associations that use attorneys for their elections, asserts Joshua Krut, a partner at Kopelowitz Ostrow Ferguson Weiselberg Gilbert in Fort Lauderdale, Fla. “It’s not something I see personally very often,” he says. “A lot of associations are self managed and don’t use attorneys. In those places, not only could you see corruption, but you could also see election errors.”
Marlene Kirtland has seen this type of election rigging first hand. Read about her experience, and get tips for preventing this at your HOA, in our new article: http://www.hoaleader.com/members/1391.cfm
Best regards,
Matt Humphrey
President
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Special Report Download
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HOA Leadership Roles and Duties:
A Guide to the Positions of President, Vice President, Secretary,
Treasurer, and Board Member in Condo and Homeowners Associations
We're hearing from a growing number of association members who want more detail about their responsibilities--or who want an easy way to educate their newly elected fellow board members about--what, exactly, board members do. What's the president supposed to do? How about the vice president, secretary, and treasurer? In this exclusive special report, we provide you with insight that will guide your board and officers in their day-to-day roles.
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Recent articles posted at HOAleader.com:
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HOA Officers Convicted of Election Rigging
Two Pennsylvania men have been convicted of hundreds--literally hundreds--of counts related to their manipulation of an election while serving as secretary and chair of their HOA. Here we explain what happened and talk about the risk of this happening at your HOA.
Click here to read full article: http://www.hoaleader.com/members/HOA-Officers-Convicted-Election-Rigging.cfm
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Delinquent HOA Board Candidates: Can You Spill the Beans?
In this week's tip, we show you how to navigate the rocky waters when owners question whether people running for board seats are delinquent in their HOA dues.
Click here to read full article: http://www.hoaleader.com/public/Delinquent-HOA-Board-Candidates-Can-You-Spill-Beans.cfm
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What It Means to Run Your HOA Like a Business--and How to Get It Right
Stop us if you've heard this one before: "You need to run your HOA like a business!" Seems like smart advice. Condo and homeowners associations are corporations (nonprofit, usually), so you should adopt practices that successful corporations follow. But what does that mean when it comes to your day-to-day operations? Watch this in-depth webinar on steps you can implement to ensure you're running your HOA smartly, professionally, and successfully. You'll hear two community association experts with decades of hands-on experience in advising associations share their best advice.
Click here to read full article: http://www.hoaleader.com/products/run-your-hoa-like-business-b.cfm
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Revealing When An HOA Board Candidate Has Been Delinquent
An HOAleader.com reader has asked whether members have a right to see the assessment payment history of other members, calling it important when voting for board members. Generally, the answer is no, that members shouldn't have access to that private information.
Click here to read full article: http://www.hoaleader.com/members/Revealing-When-HOA-Board-Candidate-Has-Been-Delinquent.cfm
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Can This HOA Protect Its Roads from Its Builder?
An HOAleader.com reader asks, "There are 65 lots in our development of which 45 have been built on. The HOA board would like to amend the covenants to require a security/damage deposit for the remaining 20 lots to cover the cost of any damage to our asphalt roads that may be caused by the builder. Is anyone aware of any legal ramifications that may pose a problem for us? The roads are publicly owned but privately maintained by the HOA."
Click here to read full article: http://www.hoaleader.com/members/Can-This-HOA-Protect-Its-Roads-from-Its-Builder.cfm
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