Oppenents tearing down campaign flyers

Started by BethJ2 • 13 replies • 2374 views

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BethJ2 (California)
Posts: 62

Posted:

With elections well underway and our Board meeting one week away, candidates have been posting campaign flyers in the common area of our complex trying to get the final vote. Just as fast as we put them up, our opponents tear them down. I'm wondering if this is a violation of elections code. I've searched through the Davis-Sterling site, but can't find anything specific to this behavior. Anybody know about this?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I am not sure these are allowed. We are NOT allowed any signs but for sale or for rent. These campaign posters may not be allowed in general and may be anybody pulling them down. I would not accuse the competition so readily for this activity. Some members may just not like the posters/signs and just tore them down. Let's not rule out kids/teenagers...

I think posting the names of ALL candidates on ONE poster/sign in a public area should suffice. The positions are usually elected once the board members are elected by those board members. One may express interest in an officer position but not directly run for that position. That may be best left till the board decides. However, each HOa may vary and one can run for a specific position. Just check your CC&R's for your voting process.

Former HOA President

JeanneK3 (Maryland)
Posts: 562

Posted:

Maryland law states that homeowners are allowed to contact all members in the same manner that the BOD contacts members so the law would probably protect the posters. Your problem is you don't know who is ripping them down. If I were you I would switch tactics and distribute yours door to door or send them to everyone by mail or e-mail.
Jeanne

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Beth

If all signs are ripped down, not just select ones, it means someone does not like any signs up. Also, signs could be in violation of your doces.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Our HOA has bulletin boards in our two mail rooms for residents to use. Campaign flyers there would be fine. But they wouldn't be permitted in any other common areas, e.g., gym walls, lobby walls, etc.

In addition, since we're a gated high rise complex, we have a rule against any kinds of flyers under residents' doors. No door-to-door electioneering is permitted either. If our HOA were accessible to the public, we'd have to permit flyers under doors per CA civil code.

The way a slate of 3 of us got elected to the board was by mailing flyers to each owner. The flyer contained our platform & a pic of each of us. One reason this was effective was because 43% of our owners do not occupy their units. But you're running out of time, Beth.

BethJ2 (California)
Posts: 62

Posted:

The person tearing them down is a current board member who is not running again. We caught her red-handed. Some neighbors confronted her and we have video cameras set up waiting for her to come back. It has been a very rough year trying to get our HOA back from two very nasty, controlling past board members and she is one of them. They did a lot of stuff that was outright illegal. She's not running again, but our opponents are some of the other bad board members from the past.

CarolR11 (Colorado)
Posts: 2,563

Posted:

How many units in your HOA, Beth? Attached? Stand-alone? How many are on the Board?

Back to an earlier question to you: Are the notices posted somewhere that's permitted by your HOA?

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Beth,

It appears you are referring to campaign posters for individuals seeking terms on your HOA board and not political campaign posters for individuals seeking public office.

While some states may have enacted laws that place some limitations on HOAs from prohibiting political campaign posters, I believe most states do not get involved in enacting laws regarding campaign posters for HOA elections.

It may be that your CCRs and/or other regulations prohibit such posters, and this is why they are being taken down. You would need to review your governing documents to see if this is the reason.

JayP3 (Florida)
Posts: 154

Posted:

I don't see the importance of the number of units, detached or not, number of BoD members, etc. having any bearing on the issue(s).

As others have said the BoD typically has authority over the common areas so they could create rules regarding such postings or provide an area for postings to be permitted.

I'm not saying I agree with this petty conduct but it is doubtful the postings are protected by any law(s). So all the effort to 'catch' he/she on camera is really just more of the same petty conduct.

CarolR11 (Colorado)
Posts: 2,563

Posted:

I agree that there's probably no law protecting the campaign flyers from being removed. I'd let it go.

The question is what can your side do to become elected?

While my questions seem to have annoyed Jay, I asked about the number on the board to help me think about possible strategies for you. I already mentioned in an earlier post what worked for us so that we were able to get rid of a harmful board. Are there any "good" directors on the board? How many slot are open for the election?

The reason i asked about your layout there is that another possibility is to use a table in a common area to pass out flyers and to urge homeowners to vote for your candidates. This would work in our HOA as we have two lobbies that most Owners pass through. If you're detached homes, though, there may be no area that gets regular foot traffic.

But what about the area where you posted the flyers? Just exactly what is its purpose? Related to that: is there an area where residents may post flyers?

In Calif., as you probably know, Beth, candidates may use the common areas for campaign purposes so long as no candidate is denied usage.

JonD1
Posts: 2,350

Posted:

Beth:

Welcome to the real world where people do whatever they think necessary to get things to turn out THEIR way.

This is not a legal matter or matter the police or some court would address. Simply put you are dealing with someone who opposes your efforts.

Evidently they don't want change on your Board and are willing to act in this manner to prevent it. Confronting her will change what.

Why not mail the flyers to each unit or hand deliver them to the owners personally.

This is sadly the world of HOA politics where some people won't just go quietly into the night when it's there time to leave. Now how important is it to you to foster change certainly puts you to the test in a situation like this.

My advice work around them don't wait for someone else to control their actions.

All's fair in love, war, and HOA elections..............

JayP3 (Florida)
Posts: 154

Posted:

I'm not annoyed. But as I said it has no bearing.

To apply a strategy is to say that one side or the other is judged to be justified. I make no such judgement.

Someone is placing postings, someone is removing postings. Do either have the BoD permission to do so?

So the person posting is just as 'wrong' as the person removing.

BethJ2 (California)
Posts: 62

Posted:

There are no restrictions about posting flyers and nothing in the governing docs. We post agendas every month, residents post notices of missing pets, coyote notices, furniture for sale, etc. Both sides have posted campaign flyers, but we didn't tear down their stuff.

It is just petty behavior on the part of our opponents. I was just curious if they were doing anything against Election Code, which I could not find.

Both sides have done more than one mailing, including complete voting packs and letters outlining our many accomplishments, and we've gone door-to-door several times. We only have a couple days left before the meeting, so we've done about everything we can.

Thanks for all your suggestions.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Beth,

People try to silence those whom they most fear.

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