Malfeasance or Misfeasance?
- Deals with the actions of a person or group, as it relates to their responsibility and duty to others. Such as a director or an entire board of directors. This also includes anyone given a responsibility to others, Property Managers, Attorneys, Vendors, etc.
- Our directors, individually and as a group, have a legal responsibility to uphold and be mindful with any decisions, of our community interests and welfare. That means, they have a “fiduciary or legal” responsibility to act in our best interest, and to act as per our Master Deed.
- Malfeasance (not legal)
- When someone actions are “intentionally” not in the best interest of their “fiduciary or legal” responsibility. This would be someone acting in their own best interest with no concern to those who have entrusted a responsibility. This is not a protected action, under our Master Deed or NJ State law. This is considered “illegal” by the NJ State and can result in criminal actions.
- Misfeasance (legal)
- This occurs when someone actions are “un-intentionally” harmful to those who entrusted that person(s) to do the right thing. Because, human beings do make bad judgement calls, at times, they are not considered to be “bad-intent”, just mistakes. This is not considered illegal and is protected under the Master Deed and NJ State Law.
- Packed ballot (deceptive)
- This is occurs when the ballot form does not indicate a place for write-in candidates or any options but the listed candidates. This lends itself to abuse by persons with an agenda, to place (or “pack”) the list with candidates, who will be most agreeable to that agenda. Steering the election process by deceptively restricting the voters options.
- Proxy
- (legal) – a document and person entrusted to carry out the wishes of another. It would clearly state it’s purpose and how it is to be used. As well as, who is responsible. A power of attorney to act exactly as to the wishes of another.
- (deceptive) – a proxy obtain by any deceptive means. A lack of, or misleading information given to a person, for the sole purpose of obtaining the rights of another. A proxy is falsely obtained if the giver, would not have done so if the full facts were known.
- Sample ballot
- As normally provided with any election. It is a representation of the actual ballot to be used at the actual election. It is to be provided prior to the election day, in order to provide the voters to prepare. It is also to be marked as a “SAMPLE BALLOT” to prevent any confusion by the voters.
- Absentee ballot
- This is an actual ballot to be submitted prior to the actual election day. It is then stored, to be open at the actual time of the election. It is to be marked as a “ABSENTEE BALLOT” to prevent any confusion by the voters.
- Write-In Candidate
- Blank lines are required, on a list of candidates, to permit voters to vote for their preferred candidates, and avoid feeling forced to vote for a listed candidate. This allows avoiding a “packed ballot” that would cause voters to be steered towards voting for a special agenda, by self-interested individuals.