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ELECTION
RULES
Pursuant to California Civil Code 1363.03, certain elections,
including those for the selection of directors, must be conducted
by secret ballot and are subject as well to other important regulations.
As such, the following Election Rules outline the manner in which
each such election shall be conducted.
1.
Equal Access to Association Media
| 1.1 |
No
Member or candidate advocating a point of view shall be
provided access to Association media more than thirty (30)
days prior to an Association election. Thereafter, and within
thirty (30) days of an Association election, if any such
Member or candidate is provided access to Association media
for purposes that are reasonably related to that election,
equal access shall be provided to all Members and candidates
advocating a point of view, for purposes reasonably related
to the election. The Association shall not edit or redact
any content from these communications, but may include a
statement specifying that the candidate or Member, and not
the Association, is responsible for that content.
For purposes of this section, “association media”
shall be defined as the Association’s newsletters,
Internet websites and/or association cable channel, if
any. The term “Association media” shall not
include the official ballot materials sent to the Membership
for the election of the board of directors, inclusive
of the biographical, experience, qualifications and election
platform description of the candidates who are running
for the board of directors.
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2.
Equal Access to Common Area Meeting Space
| 2.1 |
In
each election for the selection of board members, the Association
shall hold a forum for the candidates within the Association
clubhouse or other Common Area meeting space, if any other
exists, after the ballot materials are sent to the Membership.
The forum will be for the purpose of allowing the Members
to meet and ask questions of all candidates for election.
All candidates standing for election shall be invited to
attend the forum. In addition to the “Meet the Candidates
Forum,” each candidate (or group of candidates if
they group themselves together) may have access to use the
Association clubhouse or other Common Area meeting space,
if any other exists, at no charge for one (1) additional
time to meet with Association Members pursuant to their
campaign for elections to the board of directors.
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| 2.2 |
For
ballot measures that are required to be submitted to the
Membership that are unrelated to board elections, the Association
shall have a town hall meeting (not a formal Membership
meeting, but an informal gathering of the Members in which
the Members can express their points of view) anytime a
ballot measure is sent to the Membership to amend the Bylaws
/ CC&Rs or when similar ballot measures requiring Membership
approval are sent.
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3.
Qualification of Directors
| 3.1 |
No
Association Member may be a candidate for election to the
Board, or, once elected, continue to serve as a member of
the Board, unless he or she is Member in good standing and
is not otherwise disqualified under the provisions of the
Bylaws or CC&Rs.
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4.
Nomination of Candidates
| 4.1 |
Any
Association Member may run for the Board unless disqualified
under Rule 3 above or under the Bylaws or CC&Rs; provided,
however, any Member wishing to run for the Board must submit
his or her name as a candidate along with a brief biography
including experience, qualifications and election platform
to the Association general manager not less than thirty
(30) days before the annual meeting. There shall be no nominations
from the floor.
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5.
Voting Rights
| 5.1 |
Each
Member shall have those voting rights that are prescribed
in the Bylaws and CC&Rs. The record date for Members
entitled to receive notice of any Association election,
as well as entitled to vote shall be the date the election
materials are sent out to the Members of the Association.
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6.
Inspector(s) of Election
| 6.1 |
The
Board shall appoint one (1) or three (3) inspector(s) of
election. The inspector(s) of election shall be independent
third party or parties and may include any one of the following,
as appointed by the Board at an open board meeting prior
to the distribution of the ballot material:
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a. |
The
Association’s attorney; |
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| b. |
The Association’s CPA; |
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| c. |
A
notary public; |
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| d. |
The
Association’s general manager or managing agent; |
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| e. |
Another
designated individual that the Association generally
uses, even if such person is currently employed or
under contract to the Association for compensation;
and/or |
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| f. |
An
Association Member provided such Member is not a member
of the Board of Directors, a candidate for the Board,
or related to any member of the Board of Directors
or candidate for the Board. |
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6.2 |
The
Board may remove and replace any inspector of election prior
to the tabulation of ballots if an inspector of election
resigns or if the Board reasonably determines that an inspector
of election will not be able to perform his or her duties
impartially and in good faith. |
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| 6.3 |
The inspector(s)
of election shall:
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| a. |
Determine
where the ballots are to be returned; |
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| b. |
Supervise
registration and voting procedures; |
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c. |
Determine
the existence of a quorum for the transaction of business
at the meeting; |
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| d. |
Determine
the number of Members entitled to vote and the voting
power or each; |
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e. |
Determine
the authenticity, validity, and effect of proxies, if
any; |
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| f. |
Receive
ballots; |
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g. |
Hear
and determine all challenges in any way arising out
of or in connection with the right to vote; |
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h. |
Count and tabulate all votes; |
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| i. |
Determine
when the polls shall close; |
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j. |
Determine
the result of the election; and |
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| k. |
Perform
any acts as may be proper to conduct the election
with fairness to all Members in accordance with California
Civil Code 1363.03 and the Association’s governing
documents. |
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6.4 |
The
inspector(s) of election shall perform his or her duties
impartially, in good faith, to the best of his or her ability,
and as expeditiously as is practical. If there are three
(3) inspectors of election, the decision or act of a majority
shall be effective in all respects as the decision or act
of all. Any report made by the inspector(s) of election
is prima facie evidence of the facts stated in the report.
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7.
Ballots and Proxies
| 7.1 |
All
Members in good standing may vote by ballot or by proxy
as prescribed in the Bylaws. Notwithstanding any other law
or provision of the Association’s governing documents,
elections for the selection of directors and other elections
required to be voted upon by the Membership pursuant to
Civil Code 1363.03 shall be conducted by a secret written
ballot. |
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| 7.2 |
Ballots
and two pre-addressed envelopes with instructions on how
to return ballots must be mailed by First Class Mail or
delivered by the Association to every Member not less than
thirty (30) days prior to the deadline for voting. In order
to preserve confidentiality, a voter may not be identified
by name, address or lot, parcel, or unit number on the ballot.
The balloting material shall include all of the following:
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a. |
The
ballot itself is not signed by the voter, but is placed
into a ballot envelope (“Ballot Envelope”),
which is then sealed. The Ballot Envelope is then
placed into the second pre-addressed envelope (“Address
Envelope”), which is then sealed. In the upper
left hand corner of the Address Envelope, the voter
prints and signs his/her name, address and lot, parcel
or unit number that entitles him/her to vote.
The
Address Envelope can include, above the signature
block of Member, a very short sentence that the Member
appoints the Secretary of the Association (or majority
of the existing board) as his/her proxy holder limited
to establishing a quorum for the annual meeting. |
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b. |
The
Address Envelope is addressed to the inspector(s)
of election who will be tallying of votes. The Address
Envelope may be mailed to the inspector(s) of election
or delivered by hand to a location specified by the
inspector(s) of election. |
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| c. |
Members
may also hand deliver the Address Envelope to the
annual meeting or complete a ballot at the meeting;
provided, only those ballots which were delivered
to the inspector(s) of election prior to the polls
closing shall be counted. |
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| d. |
Any
Member can request a receipt for delivery of their ballot. |
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7.3 |
Ballots
sent to each and every Association Member shall identify
the proposed action, provide an opportunity to specify approval
or disapproval and provide at least thirty (30) days upon
which to return the ballot to the inspector(s) of election.
The voting instructions contained within the ballot materials
will show a date by which the ballots must be delivered
to the location designated by the inspector(s) of election
by either the United States Postal Service, overnight delivery
service or hand delivery. |
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7.4 |
The
first ballot received for any unit shall be the ballot,
which is counted. Any subsequent ballots for the same unit,
which are received shall be deemed invalid and shall be
discarded. Ballots may not be revoked once they are submitted
to the inspector(s) of election (unless such permission
is expressly identified and granted within the Articles
of Incorporation or Bylaws of the Association). |
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| 7.5 |
All
votes shall be counted and tabulated by the inspector(s)
of election in public at a properly noticed open meeting
of the board of directors or Members. Any candidate or
other Member of the Association may witness the counting
and tabulation of the votes. No person, including a Member
of the Association or an employee, shall open or otherwise
review any ballot prior to the time and place at which
the ballots are counted and tabulated.
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| 7.6 |
The
sealed ballots at all times shall be in the custody of the
inspector(s) of election or at a location designated by
the inspector(s) of election until after tabulation of the
vote, at which time custody can then be transferred to the
Association. After tabulation, election ballots shall be
stored by the Association in a secure place for no less
than one (1) year after the date of the election. |
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7.7 |
If
a Member loses his/her ballot, they may request another
ballot, along with the appropriate envelopes from the inspector(s)
of elections, but they must submit a written request / statement,
under penalty of perjury that the original ballot was either
lost, destroyed or never received. The inspector(s) of election
shall maintain a record of each such request. |
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7.8 |
Any
instruction given in a proxy issued for an election that
directs the manner in which the proxy holder is to cast
the vote shall be set forth on a separate page of the proxy
that can be detached and given to the proxy holder to retain.
The proxy holder shall cast the Member’s vote by secret
ballot. |
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| 7.9 |
If,
upon reviewing the ballots and proxies timely cast at a
meeting or by written consent, the inspector(s) of election
concludes there is a defect or deficiency in a ballot or
proxy which a Member has cast, the inspector(s) may contact
the Member to seek clarification or correction of the ballot
or proxy; provided, however, that if any one Member is contacted
for this purposes then all Members whose ballots or proxies
were not counted for this reason must be contacted. |
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7.10 |
In
order for the vote for any election to be valid, ballots
must be returned by at least a quorum of the Members. |
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| 7.11 |
The
balloting process for amendments to the governing documents
and other elections required to be submitted to the Membership
pursuant to California Civil Code 1363.03 shall be submitted
to the Membership and conducted in a similar manner as the
election of the board of directors, except that the ballots
may be sent to the Membership at any time and not in conjunction
with the timing of any annual meeting.
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8.
Reporting Election Results
| 8.1 |
The
results of any election shall be promptly reported to the
board of directors and shall be recorded in the minutes
of the next open board meeting and shall be available for
review by Members of the Association. Within fifteen (15)
days of the election, the Board shall publicize the results
of the election in a communication directed to all Members.
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9.
Use of Association Funds
9.1. |
Association
funds shall not be used for campaign purposes in connection
with any Association election, except to the extent necessary
to comply with the duties of the Association imposed by
law or the governing documents. For purposes of this paragraph,
the Association can use its funds to have corporate counsel
(or other Board-designated individuals) prepare and review
appropriate ballots as well as the copying, printing and
mailing costs necessary to provide the ballots and election
materials to the Membership consistent with the Association’s
governing documents and California law. The Association
can also add background information and explanation of ballot
material. The Association may use funds to distribute, for
election of the board of directors, a biographical, experience,
qualifications and election platform description of the
nominees within said election materials. For elections other
than board of directors elections, the board can add a one
sentence recommendation, requesting approval or disapproval
of such election (the board, however, may not advocate the
election or defeat of any candidate that is on an Association
election ballot for the board of directors). |
(Adopted
6-27-06)
 Return
to Rules and Regulations
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