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Election Results and Reaction by Kevin Wine, Nov 07, 2025, 11:11 PM, reply, branch, edit
The 2025 Election took place a little over a month ago, on November 5th. I assume everyone received the official results email from the management shortly thereafter, and is aware that only one of the three candidates that I was supporting, Vincent Marchitto, was elected. While it was great to get one more trustee on the board, it was unfortunately not enough to get control of the situation. We have three seats now, but a majority of four seats is necessary for any meaningful change.
This was the final opportunity to make any leadership change for the next 2 years, as Anthony and I are up for election next year. Assuming he and I run and are re-elected next year, it would be another year after that before the next opportunity to get another seat and get a majority on the board.
The election drama crossed another threshold this year with the board leadership violating no fewer than 11 separate state condo election statutes and the bylaws. Primarily among them, the board intentionally left one candidate (Zahid Khan) completely off the paper ballot by voting to NOT distribute a corrected ballot, refused to put the candidates in the required alphabetical order by last name, and refused to count the 10 voting proxies I was given by other owners, and my own ballot, in spite of me being present in person for the entire annual meeting on November 5th.
I did inspect the election ballots shortly after the election. My count of the paper ballots was very close to the inspector count, as is usually the case. The "errors" are always in other dimensions, like refusing to count all the voting proxies that were given to me by other owners, making it difficult/impossible for owners to obtain replacement election materials when they lost (or never received?) the originals, and inconsistent disqualification of defective proxies/ballots.
Electronic voting was allowed this year for the first time, in spite of the bylaws not allowing electronic voting, so the voting results were in two sets - one for the electronic voters, and another for the paper voters. 121 owners submitted valid ballots electronically, and 88 owners submitted valid ballots on paper. I did get a breakdown of the electronic and paper votes:
Electronic Sub-Total
--------------------
Kalindee Desai - 7
John Fakla - 49
Mark Kelsey - 68
Zahid Khan - 42
Vincent Marchitto - 55
Yogesh Patel - 64
Mohiuddin Syed - 66
Paper Ballot Sub-Total
----------------------
Kalindee Desai - 10
John Fakla - 42
Mark Kelsey - 42
Zahid Khan - 36
Vincent Marchitto - 48
Yogesh Patel - 38
Mohiuddin Syed - 42
As you can see, candidate Zahid Khan took a hit as a "write-in" candidate on the paper ballot, and he, John Fakla, and Vincent Marchitto all took a hit on the electronic ballot. It is also interesting to see that the electronic results differ considerably from the paper results if my 11 voting proxies were counted and the totals for John Fakla, Vincent Marchitto, and Zahid Khan were all increased by 11 votes. The final totals were:
Kalindee Desai - 17
John Fakla - 91
Mark Kelsey - 110 (1st Place - 3-year term)
Zahid Khan - 78
Vincent Marchitto - 103 (3rd Place - 2-year term)
Yogesh Patel - 102
Mohiuddin Syed - 108 (2nd Place - 3-year term)
If my 11 proxy votes were included, the winners would not have changed, however the candidate receiving the shorter 2-year seat would have changed:
Kalindee Desai - 17
John Fakla - 102
Mark Kelsey - 110 (2nd Place - 3-year term)
Zahid Khan - 89
Vincent Marchitto - 114 (1st Place - 3-year term)
Yogesh Patel - 102
Mohiuddin Syed - 108 (3rd Place - 2-year term)
The large number of flagrant violations of election laws, and several other violations of proper election and board procedure, is more than I can overlook. If the board had at least agreed to include a corrected ballot in the mailing they were already sending out to 375 owners voting on paper, and had counted my 11 proxy votes, I would probably have accepted the results. But this is just too far over the line. They really have no respect for the laws and the rules and fairness, so over the last month I have been busy preparing yet another lawsuit which was filed on December 5th as an "order to show cause". The judge signed the order on the 12th, and the papers were served on the board today. I really wanted to name the management and the attorney as defendants, but that complicates the litigation. It is unfortunate that things once again have had to come to this, but if no one pushes back, this board is only going to get even worse with their disrespect of the law and of us owners. I don't know how far the court will be wiling to go in terms of ordering a new election, but we will find out at the hearing on January 23rd, 2026.
The lawsuit is a matter of public record, so here is links to the various documents where you can find all the gory details about how the board miss-handled this election:
https://www.savethehill.org/Legal/C-204-25/OrderToShowCauseSigned.pdf
https://www.savethehill.org/Legal/C-204-25/VerifiedComplaint.pdf
https://www.savethehill.org/Legal/C-204-25/Exhibits.pdf
https://www.savethehill.org/Legal/C-204-25/BriefInSupportOfOTSC.pdf
Kevin
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