Prop Mgr Sent out Letter Discouraging Write-In Candidates for Board Election - Allowed?

Jack

I am not nor do I play a lawyer.

I would think what the PM did was at best improper and probably not illegal, but let us assume it was illegal. Well, so what? Would you advocate overturning the election?

Afterall the "dummie" did not do as he was supposed to. He created the problem.

I would advise wait until the next election and hope the "dummie" does it properly and work to get him elected.

Jack

The PM works for the BOD and quite often they are a reflection of what the BOD wants in like well we pay the PM so let them play the heavy for us.

Often the easiest way to stop this is to get owners elected to the BOD that share your concerns and will either whip that PM in shape or replace them.

Hope this helps.

Tim

Heresy...heresy

You advocate educate/whip the BOD into shape versus the heck with it, fire the PM...

Heresy...heresy

So, Jack. Are you on the Board? If not, you ad likeminded homeowners should start organizing now for the next election.

Meantime, attend open meetings of the board and keep the pressure on directors. If the PM answers your questions during open forum, you might say, "I wonder about (the prez' name} opinion about this." There really is no excuse for directors to be ignorant and, if like ours, your HOA's contract with the MC states that the Board is responsible for understanding your governing docs and state laws.

You & others should read that contract, your bylaws, the Open Meeting Act, etc. Form a study group; go to davis-stirling.com for invaluable assistance.

Thanks. All good advice. While it is obviously important to know the HOA rules, I was told that it was simply illegal for a PM to try to influence the HOA membership vote. So whether or not she knows our specific rules, she should know the broader rules that apply to HOAs etc. And while we would like to believe the Board knows all rules and would spend time educating themselves etc., the reality is that many Boards rely on the PM for expert advice - that is what she is paid for (as opposed to the Board who are volunteering their time).

Association funds should not be used to campaign. That's found in the portion of the Davis-Stirling legislation that deals with elections. The only way that HOA funds can be used for campaigning is if both sides can use these funds to campaign. In your case, if the fellow who wanted reelection via write in votes could also have sent out a mailer using your HOA funds.

So, I think you're referring to Election Rules, that every HOA in CA must compose and distribute to members.

But, yes, the PM should know your HOA's rules & regs. A major reason HOAs hire PMs is to handle sending out violation letters, calling alleged violators to hearings, etc., sending the follow up letters about the results of the hearings, etc. So they need to know the rules.

Carol... thanks for your insight. The PM did include a separate mailing saying that this person inadvertantly didn't submit their name for the ballot in time and was left off the official ballot, but wanted to be considered none the less etc.

So there was 3 notices in one mailing - 1) the official ballot (which did not include this past Board member's name), 2) the notice that he left failed to submit his name in time etc. and wanted to be considered a write-in candidate and 3) the PM's recommendation that membership not vote for a write-in candidate.

Jeanne - THANK YOU. I really do value all the other information, but specifically wanted to verify this particular point. Appreciate all the comments -- great resource!

As I pointed out earlier, John46, per Davis-Stirling, HOA Boards may not spend their HOA funds to campaign for or against a candidate or ballot measure without offering the same exact opportunity to the counterargument or alternative candidates. Merely listing the former director's name in a separate mailing is not the same as campaigning for him. By stating, however, that Members shouldn't vote for write-ins is a campaign statement.

Now if Jack's bylaws state that there may be no write-ins, that's a different story. And the no-write ins should be stated in Jack's required election rules for CA HOAs.

If there is no restriction, then the PM is violating Davis-Stirling. The MC's contract should state that the PM will comply with the HOA's governing documents. So, Jack could contact the PM's supervisor and complain--even better if he can get other Owners to join him. Once again, I'd advise Jack to read his HOA's contract with the MC.

In addition, one hopes the PM is a certified PM, which means he must comply with the CACM Code of Ethics, which also states that PMs must comply with state laws.

Whether or not the Board instructed the PM to send the campaign phrasing, the funds were Association funds and because of the double envelope, secret ballot requirement and a couple of other inserts--voting instructions and sometime a ballot measure--the cost can be considerable depending on the size of the HOA. Homeowners paid for this illegal communication. The Board is ultimately responsible.

Was the attorney an HOA attorney, Jack? What Code, law or statute did s/he cite? I don't know of a specific law, but as I noted previously, the PM's Code of Ethics may state that the PM should be objective and neutral. It may say that in your contract with the Mgmt. Co. It seems it's time for you to look into some of these written materials and those I mentioned earlier.

I have to disagree with Jeanne, though. Directors and homeowners can campaign for/against candidates, but they must spend their own funds. We've had slates of candidates send out mailers and the-currnet directors send out an ugly joint response. Used their own dimes, though.