California SB1265

Welcome to the Communist State of California.

Below is a link to a Senate bill that is working it's way through the state legislation process.

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1265

Here is the language that CAI is using to scare people to voice their disapproval of this bill.

Privacy is important to residents living in managed community associations.

But there's a bill being considered in Sacramento that would put your privacy at risk.

If passed, Senate Bill 1265 (Wieckowski) would allow any neighbor to access the personal information AND copy the signatures of residents who vote in their association board elections.

Tell Your Senator to Protect Your Privacy, Vote NO on SB 1265

This could compromise the privacy of residents in managed community associations and frighten them out of voting in their board elections. What's more, it would eliminate local control for association residents in terms of election cost controls and inspections. Finally, SB 1265 strips dues paying members of their unique voice on their board.

SB 1265 will be considered by the Senate Transportation and Housing Committee next Tuesday, April 17. So your Senator needs to hear from you TODAY!

Thank you.
________________________________________

Currently, in government elections, your signature is available for people to inspect and copy (take a photo). Political campaigns go to polling place, see who hasn't yet voted and then call voters up to remind them to vote.

This will increase the cost of election substantially, as you now will have to include a copy of the election rules to every owner. Delinquent owners who do not help pay for the cost of these elections will now be guaranteed the right to vote.

The most important change, management companies or anyone under contract to the HOA CANNOT be the inspector of elections.

Here are a couple of new changes:

5105. (a) An association shall adopt rules, at least 90 days before any election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:

(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are 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.

(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:
(A) Appointment of the inspector or inspectors by the board.
(B) Election of the inspector or inspectors by the members of the association.
(C) Any other method for selecting the inspector or inspectors.

(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.

(8) Require notice to be provided of all of the following:
(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.
(B) The date and location of the meeting at which ballots will be counted.
(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.
(D) The list of all candidates’ names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.
(E) The list of all voters by either name or parcel number, and voting power.
(9) Require any errors or omissions to the list of candidates’ names or list of voters to be immediately reported to the inspector or inspectors and require necessary corrections to be made within two business days.
(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.

(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:
(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.
(2) Prohibit the denial of a ballot to a person with power of attorney for a member.
(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.
(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:
(A) A copy of the election operating rules.
(B) The ballot or ballots.

5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.
(b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a) of Section 5105. services.

5125. (a) The sealed ballots, signed voter envelopes, voter list, and nominee candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the member’s authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.
(b) Notwithstanding Section 5200, ballots, signed voter envelopes, voter list, and candidate registration list shall be association records subject to inspection and copying by a member.

As a Board member and a contributor on this site, you might want to read the whole thing. Can't force you though.

In California, that would open up an interesting issue. You know would be required to allow delinquent owner to vote, which almost mean you have to allow them to run for a Board position.

For all HOA's that have Election Rules, they all have to be updated. For those that don't, they will now have to have them in order to mail out. The HOA's will be bearing substantial costs to get them updated and/or created. The mailing costs will skyrocket. My Election Rules I created are 25 pages long. You are adding a minimum of $3.00 per owner in copying and postage costs.

Management companies will generally act as the inspector, legally, if they have election rules. If the association doesn't have those rules, then they have to have someone NOT associated with the community to do that. I know of many violated of that rule. I would imagine most management companies not handling any part of the election process if this bill passes, including myself.

Current 5101
(1)" Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are 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."

Here's what you call a "change" to 5101, Richard:

(1) "Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are 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."

Before I use my time reading the proposed legislation, perhaps you can share ONLY what's being changed and not items that aren't being changed.

So, Richard, why are terming existing law " a change?"

Richard also wrote: "In California, that would open up an interesting issue. You know [sic] would be required to allow delinquent owner to vote, which almost mean you have to allow them to run for a Board position."

That is incorrect. Many bylaws or election rules state that candidates for the board and those occupying board positions must be in "good standing." I can't see how this change would force HOAs to change their Bylaws on this point.

Also new: "(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:
(A) A copy of the election operating rules.
(B) The ballot or ballots."

I was able to pare our Election Rules down to 12 pages, but that still is ridiculous. I don't see this bill requiring the Election Rules to be sent US mail, so we would email them separately from the ballot packet.

More later when I can read through it.