RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
As some know in California, associations were required to have election rules in place since 2006. The biggest issue involved with adopting elections rules is it would allow an association the opportunity to appoint a management company or one of their representatives as an inspector of election.
In 2006 and 2007 this association voted to send the new election rules to the members for their comment during a 30 day comment period (required by Corporation Code). I have seen the letters that were addressed to each of the homeowners on both occasions. I have found the minutes that approved the rules being sent out, but can't find anything showing the Board voted to formally adopted the rules, once the 30 day period passed.
The association has conducted six elections since 2006 and amended their Bylaws using the new election rules. During that period of time, two management companies along with the association's legal counsel acted as the inspector of elections. Nothing was ever challenged until 2012. In 2012, a Board cancelled an election because, after extensive research, they could find no Board that formally adopted those election rules. If there were no formally adopted rules, then the management company, nor the attorney, could legally be appointed to serve as inspector of elections, as they are considered an independent third party under contract to the association.
The question I would pose is while nothing can be done about the director elections, would the vote to amend the Bylaws be valid? Or would a staue of limitation somewhere kick in.
In 2006 and 2007 this association voted to send the new election rules to the members for their comment during a 30 day comment period (required by Corporation Code). I have seen the letters that were addressed to each of the homeowners on both occasions. I have found the minutes that approved the rules being sent out, but can't find anything showing the Board voted to formally adopted the rules, once the 30 day period passed.
The association has conducted six elections since 2006 and amended their Bylaws using the new election rules. During that period of time, two management companies along with the association's legal counsel acted as the inspector of elections. Nothing was ever challenged until 2012. In 2012, a Board cancelled an election because, after extensive research, they could find no Board that formally adopted those election rules. If there were no formally adopted rules, then the management company, nor the attorney, could legally be appointed to serve as inspector of elections, as they are considered an independent third party under contract to the association.
The question I would pose is while nothing can be done about the director elections, would the vote to amend the Bylaws be valid? Or would a staue of limitation somewhere kick in.
