Use the horizontal tabs above to move through this information.
Sugarhill's elections and voting requires lots of information so, for this page, we are using the above tabs to help move you through the different topics.
Warning to paper voters who use the US Postal Service. Last election we had only one paper voter choose to mail their ballot. It was mailed the day before the election. It came to the Sugarhill mail box the day after the election. It couldn't be counted because the election was closed.
As has always been the standard for Sugarhill, MAILED PAPER BALLOTS MUST BE MAILED 5-6 DAYS MINIMUM BEFORE AN ELECTION MEETING.
About Association Electronic Voting
Why We Now Recommend eVoting
Since the Florida Legislature created the 2018 statute 720.317 that allows associations to conduct elections and other membership votes through an internet-based online voting system we feel this is a positive for Sugarhill. Our board certified association Attorney has worked with many area homeowners associations and he agrees this is the best direction for Sugarhill. After the 2019 billing process we received a big majority of people consenting to vote electronically. Consenting to this process is not an all or nothing for our elections. Persons who did not consent to vote electronically will get paper ballots as in the past. Take note of the statute's requirements. Here are the reasons for eVoting:
Electronic voting has proven to virtually eliminate the issue of a voting quorum being present at a meeting. In Sugarhill a quorum present for voting is 29 owners attending the meeting or submitting ballot by proxy. Electronic ballots are legal proxy ballots.
Since the situation of a large number of voters being present electronically (having already voted electronically), the concept of majority rule and representation becomes much better. Something this Board strongly believes in.
The requirements of the statute means that the online provider of the balloting has to, by law, meet all of those statute requirements. See our choice for the online provider of the balloting system below in the next section.
This process eliminates the possibilities of fraudulent proxy issues. The paper proxy system potentially has room for deception. A well established e-voting system in Sugarhill will make the need for paper proxy very minimal and once again a much safer democracy.
electionbuddy.com, our election software, will double as the process for polling (surveying) the community. Because the polling option for the system is not an actual binding legal vote but rather an opinion poll it will not need to be restricted to electronic voting consent. Because of that, invitations can be sent by email to all homeowners. Each lot will need to have a unique email address for the survey invitations (This will be replaced in the near future with "weighted ballot", a process where an owner of more than 1 lot will get more than 1 ballot through their single email).
All About electionbuddy.com
The Legally Approved Software that Runs the Elections, Polling, and other Community Voting Needs
Florida 2018 Statute 720.317 Electronic Voting allows POA homeowners to vote electronically. "The association may conduct elections and other membership votes through an Internet-based online voting system if a member consents, in writing, to online voting".
For this process to be legal, secure, accurate, and protective of your privacy and your vote it must process through an organization that meets all the state requirements for online electronic voting. We have diligently examined many options and find ElectionBuddy Inc as our top choice.
The Association's HOA Board Certified attorney has numerous association clients using electronic voting. His position on this process is very enthusiastic. His clients using eVoting have dramatically improved their voting and surveying systems and ultimately their association's democracy.
The stringent adherence to Statute 720.317 requirements that electionbuddy uses for every election or survey completely eliminates inaccuracies or irregularities and keeps a very accurate record of the election and it's outcome.
We have communicated with electionbuddy.com regarding their compliance with Florida Statutes, here is their response.
The benefits for Sugarhill are substantial. JUST THE MAILING COSTS ASSOCIATED WITH THE PAPER VOTERS IS HUGE, not to mention the enormous printing costs. Paper voters have a package mailed to them that contains the mailing envelope, a folded mail-back envelope, election notification letter, possible proposed budget page, possible candidate/s information page/s, a proxy, a ballot, and a secrete ballot envelope. Just the postage alone for this package would have cost the community $60 if we didn't have our eVoters. After the start of the consenting 70 eVoters the paper voters postage cost dropped to $15.60.1/29/20
The first step in this process has been to have your approval to vote electronically. This is an important step towards better democracy in Sugarhill. We want to thank the 701/29/20 homeowners who signed the Consent to Electronic Voting. Our attorney told us we had the highest percentage of eVoters of all his HOA clients. That says a-lot about the quality of people we have living in Sugarhill from a standpoint of technical awareness. Bravo Sugarhill.
In an effort to help electronic voters understand what to expect when an election or survey is underway we have compiled this how-to on electionbuddy's process.
Most of the following information is from Electionbuddy at their voting overview page.
When you get your email invitation, the subject line will start with Sugarhill Election or Sugarhill Survey. Also a followup reminder will start the same way.
When you get this email, that we call your invitation to vote, scroll down to find the link to access the ballot. Clicking the link will take you to your browser and to a page that is for your voting only. No one can access this page but you.
A followup reminder will have the same link to your individual ballot that the first email invitation had.
Once at the ballot, the general process is "make your choices," - but the exact process will be determined by the type of election that is being run. You should see instructions both at the top of the page and at the top of each position or question on the ballot.
After you have filled out the ballot, click on "Verify Your Selection".
This will take you to the second page in the voting process: on this page, you confirm that your ballot is filled out the way you would like, and then you click "Submit" to send your ballot to ElectionBuddy to be included in the tally.
Upon a successful vote, a "Thank you!" message will appear on a confirmation page. You may also receive a voting receipt; it will be sent to your email address, but only if it is enabled by the election administrator. In either case, you can always print your confirmation page as a record of your successful ballot submission.
Now that was easy wasn't it? Well, maybe not. We are dedicated to this process. We know it is good for democracy in Sugarhill. All the board members are VERY happy to help you in person to get your eVoting understood and successful. Please let us help if you find any of this method confusing or you are worried about not doing this right. . Help keep democracy alive and well in Sugarhill.
Paper Ballot Voting
A necessary vestige of the past.
We have not focused heavily on paper voting because the majority of people using paper ballots in Sugarhill don't use the internet and would never see it. The others use paper ballots because of nostalgia or fear that eVoting is less secure. Nothing could be further from the truth. Electronic voting is 100% secure, paper voting not so much.
Warning to paper voters who use the US Postal Service. Last election we had only one paper voter choose to mail their ballot. It was mailed the day before the election. It came to the Sugarhill mail box the day after the election. It couldn't be counted because the election was closed.
As has always been the standard for Sugarhill, MAILED PAPER BALLOTS MUST BE MAILED 5-6 DAYS MINIMUM BEFORE AN ELECTION MEETING.
How To Do Paper Ballot Voting
The Envelopes Confusion
In the last section "Paper Voting" we showed all the components in a paper ballot system. Here we will show what it takes to actually cast a paper ballot as per the current State statutes.
First make out your Ballot.
Seal it, and only it, in the secret "Ballot Only Envelope".
Next Fill out the proxy card as per the instructions on the card.
Now put the Ballot Only Envelope (containing the completed Ballot) and the completed proxy card into the mail-back envelope and seal it.
Now put your name and address on the mail-back envelope.
You can now mail this envelope to the association or you can bring the envelope to a meeting where the secret envelope will be put in the ballot box and the proxy will stay in the mail-back envelope and be retained by the board as a record of who voted.
You can also have someone else carry your ballot in the envelopes to the meeting.
So the paper voting ordeal, as it has become by Florida statutes, really isn't much fun. If you are not an electronic voter and have an ability to use email and the internet we highly recommend you consent to electronic voting. It's MUCH faster, less confusing, and considerably more secure as to the integrity of the vote.
Warning to paper voters who use the US Postal Service. Last election we had only one paper voter choose to mail their ballot. It was mailed the day before the election. It came to the Sugarhill mail box the day after the election. It couldn't be counted because the election was closed.
As has always been the standard for Sugarhill, MAILED PAPER BALLOTS MUST BE MAILED 5-6 DAYS MINIMUM BEFORE AN ELECTION MEETING.
Sugarhill Candidates and Nominations
Here we present Candidates for an upcoming election & The Nomination Process Committee Results
No candidate will be considered until September. You can still review the nominating form but any submissions prior to September will not become listed with the nominating committee before that time.
Nominations are accepted September through December 31
Noninations are now being accepted to fill one open position on the board. Please select the "Nominating Process" tab above to learn more. This message was posted 9-1-22
As of 9/19/22 we have a candidate that the nominating committee has approved.
Sugarhill has a nominating committee that is required by our bylaws: 2005 Amended Bylaws - Article V - Section 1: The Nominating Committee shall meet at least 60 days prior to the Annual Meeting or whenever requested to meet by the Board. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may only be made from among members in good standing of the Association. In the absence of sufficient qualified nominees, the board shall place an appropriate number of director candidates on the ballot for the election.
Before December 31st each election year candidates may submit themselves or other candidates for committee review at the October, November or December (if held) meetings. They can submit the same through the Online Nominating Form on this page (available prior to December 31). They may mail the request to Sugarhill POA - PO Box 443 - Jensen Beach, FL 34957. They may contact any current board member. Because of the need for the committee to prepare their report and the requirement to have notifications mailed to the community 30 days in advance of a meeting. We close nominations December 31 each year.
Here is the Nominating Committee Report (If an election is pending and nominations have been reviewed and reported to the board):
Links to Electionbuddy Elections and Surveys Results
How to understand the results: 1. Select the wanted results button (in orange box). 2. The electionbuddy.com results will open for that election. 3. Selecting Voter Audit opens each ballot's Confirmation Code. Key Surfaced indicates a paper ballot entered at the meeting. Added ballot reflects a bounced emailed ballot that was emailed as a new ballot to the corrected email and will show above as "1 notice undeliverable and 1 ballot added".
On December 18, 2017 an opinion was made from Becker Law by the then association attorney Jane Cornett regarding how elections should happen in Sugarhill based on our bylaws. The following excerpts (in italics) from that letter show significant legal issues:
"Quorum Requirements. Your Bylaws provide that a quorum at the Annual Meeting consists of persons entitled to cast one-half (1/2) of the votes of the Association. However, Chapter 720, Florida Statutes, provides that a quorum shall be thirty percent (30%) unless the Bylaws provide a lower number."
This is saying that while our documents call for quorum to be 50% the Florida statute overrides the bylaw and forces quorum to 30%. In the case of Sugarhill that means 29 votes cast in person or by proxy constitutes quorum. Note: Electronic votes are legal proxys.
"Directors' Seats Available. The affairs of the Association are managed by a Board of Directors of not less than three (3) nor more than seven (7) members. ... Article V, Section 2, also states a candidate must have been an Association Member for at least twelve (12) months prior to the annual meeting. An election is not required unless more candidates are nominated than vacancies exist."
The last sentence in this paragraph in the letter from Ms. Cornett is surprising. As the current (2020) board we have encountered this issue of only one candidate wanting to be a board member after months of bulletin board, website, and board meeting announcements. We read this sentence as, if no more than one person steps up for nomination for one open position then no election is needed. Seems strange so we asked the question of our current association attorney to give his opinion.2/22/20 He stated we would have to continue with an election even if there were no opposing candidates because of an antiquated bylaw that allows "Floor Nominations at the meeting". That requirement is completely contrary to the current methods of voting ie: electronic voting and mailed paper balloting. He indicated the bylaw should be removed. With a 94% majority in a 1-20-22 election the floor nominations bylaw was removed.
Uses of the legal process of filling a board position when only one candidate applies for that vacancy.
Timeline for 2023 board openings that have now (1-1-2023) been filled:
This message was posted 9-1-22 here and on the bulletin board. Nominations are now being accepted to fill one open position on the board. Please select the "Nomination Process" tab above to learn more.
Message posted on website front page 9-19-22 As of 9/19/22 we have a candidate that the nominating committee has approved.
The above notices were for the vacancy created by a resignation. The next notices reflect the additional position by board staggering that was under renewal.
Based on the 3rd paragraph of the "Final Call Letter" (that was composed by Sugar Hill's attorney Jacob Ensor) and with no other candidates coming forward, the candidates noted in the final call letter filled the two (2) open positions on January 1, 2023.
The Association's Attorney Jacob Ensor has recommended that this bylaw be removed because floor nominations are not win-able with 80% of the community voting electronically. It is impossible to have the floor nominated candidate included in the electronic ballot or the paper mail-out ballot. Owners wanting to be on the board need to follow the developed nominating process using the nominating committee. Requests need to be submitted to the committee before December 31st of the proceeding year to be considered for the upcoming February election.
d- 7/15/18 -->
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Who Want's to Catch Flies?
So this is a very old expression. Dates back to the 1500s. It's literal meaning refers to how flies will get stuck in honey and stay away from you (a good thing).
The human relationship meaning refers to how you treat people. Treat them with sweetness (kindness, compassion, consideration) and you don't have as many problems (flies bothering you). Treat them nasty (vinegar) and your problems will never go away.
We believe in this motto and try to live by it.
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Here is what electionbuddy.com told us in a recent correspondence
Specifically for Florida, suffice it to say that the specifics of the statutes as they relate to electronic voting are 718.128 for Condominiums and 720.317 for HOA's. The highlights of these are addressed by the following:
We authenticate with 2 factor authentication, and unique keys to ensure the member is who they say they are.
For communication, we have been told that because of the ability to be on the internet, and the multi-channel capabilities of mobile browser, text message, email, postcard with QR code, email, internet, we comply with the communication statute.
We use 256 KB SSL to maintain a secure connection (to ensure the vote is authentic and not altered in transit).
We issue voting receipts (both email and downloadable).
We separate the voters choices from whether the voter voted, such that ballots are not tied to the unit holder.
Our vote by vote report allows the process to be recounted and ensures the election process is observable. And you have access to these results on an ongoing basis.
We can distribute notice both electronically and in print to support the notice requirements.
. Help keep democracy alive and well in Sugarhill.
