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SueJ1 (California)
Posts: 7
Posted:
I have a question. I went to the board meeting or should I say the election meeting. There was only me, and two other homeowners who were related. The only other people was the HOA owner, a notary to count the votes mailed in, and a sales developer who is a board member. All the homes are already over the quota to have the board now the only homeowner ran. I never received the paper to turn in my election since they said it was emailed to me and that it's "my fault" that I didn't receive it but was not sent through regular mail. I found out that it was happening since I got the ballot in my postal mail with the names of who is running. The ones who are running were 1)Homeowner 2)Homeowner 3)Sales manager/developer and there are three open positions. I found out that I could nominate myself at the meeting which I did but the HOA owner said that I could only have the votes of who was in the meeting which was the ones above(only two people). None of the ballots had any names on who turned in the votes. Most of the people living here are renters so I wonder how would they know if it was a renter who voted and not a homeowner? They chose the two homeowners and the developer to be a part of the three board members which how can a developer still stay on, is that just because there are still homes being built? From what I heard is that our community was at 95 percent sold. Also, I asked when they said the reserve in the budget was at 70,000 plus for security. The HOA owner said that a survey was sent out about having a patrol and he said most said no that they won't pay more for one but with such a reserve and an area that has such bad crime that even the police won't come out for days that it wouldn't make sense to pay more. I wish I had money to pay for a lawyer to help but unfortunately, I am a single mother and don't have any extra to help. Any suggestions would really help! I just feel that my money is not being worth giving a HOA who isn't doing anything. Thanks
BillH10 (Texas)
Posts: 1,217
Posted:
I am having difficulty sorting through our post. Could you possibly revise it to use paragraphs and relevant/related information?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Can you explain why you need a lawyer? What was so offensive? You not being elected? The way the election was held? Is it really worth your single mom money to spend it on for this?

If you had truly wanted to run and be involved, needed to do much more work before you raised your hand.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Strongly recommend educating yourself on how HOAs work before even thinking about serving on the board yourself. This means starting with a thorough reading of your governing documents and bylaws. The latter should address how elections are held in your community. Then wade into the Davis-Stirling website (https://www.davis-stirling.com/) which covers California's laws governing community associations. Board members need to have a good working knowledge of this stuff.

One item that jumped out at me: the reserves are for replacing big ticket items (for example, the roofs in condo buildings). They are not to be used for operating expenses such as hiring security patrols. If you want to see where your money is going, you need to dig into your association's financials: the annual budget, the monthly statements, etc. Homeowners are entitled to see this information - if it's not available on a community website, then you'll have to request that the records be made available to you. Much of an association's spending can be "invisible" to homeowners: eg insurance, which is a big one.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Good answer Cathy. Too many people believe that serving on the Board is easy and with little work. There is so much to know even if your HOA has a management company. It takes time to learn and understand all of the documents that govern an HOA, and how an association operated day to day. Preparation is recommended before an owner decides to run.
SueJ1 (California)
Posts: 7
Posted:
Not sure where my post said I didn’t know. I read all of the documents and it said I could be nominated at the meeting but said nothing about just having the people present at the election can vote for me. The hoa didn’t go by the rules and so that is why I was trying to get advice from here or a lawyer to see about it. I have all of the documents printed and having things highlighted so wish I wasn’t told that I shouldn’t run if I don’t know. Weren’t we on here to help and not assume or make others feel like they shouldn’t be a part of something that they care about.
AugustinD
Posts: 3,698
Posted:
Augie Edit:

-- I went to the board meeting or should I say the election meeting.

-- There was only me, and two other homeowners who were related. The only other people was the HOA owner, a notary to count the votes mailed in, and a sales developer who is a board member.

-- All the homes are already over the quota to have the board now the only homeowner ran.

-- I never received the paper to turn in my election since they said it was emailed to me and that it's "my fault" that I didn't receive it but was not sent through regular mail. I found out that it was happening since I got the ballot in my postal mail with the names of who is running.

-- The ones who are running were 1)Homeowner 2)Homeowner 3)Sales manager/developer and there are three open positions.

-- I found out that I could nominate myself at the meeting which I did but the HOA owner said that I could only have the votes of who was in the meeting which was the ones above(only two people).

-- None of the ballots had any names on who turned in the votes.

-- Most of the people living here are renters so I wonder how would they know if it was a renter who voted and not a homeowner?

-- They chose the two homeowners and the developer to be a part of the three board members which how can a developer still stay on, is that just because there are still homes being built?

-- From what I heard is that our community was at 95 percent sold. Also, I asked when they said the reserve in the budget was at 70,000 plus for security.

-- The HOA owner said that a survey was sent out about having a patrol and he said most said no that they won't pay more for one but with such a reserve and an area that has such bad crime that even the police won't come out for days that it wouldn't make sense to pay more.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By SueJ1 on 04/14/2021 5:12 PM
-- I went to the board meeting or should I say the election meeting.
If notification of the meeting was made in the mail that an election would be run, then this was probably the "annual meeting of the members."
Quote:
Posted By SueJ1 on 04/14/2021 5:12 PM
-- There was only me, and two other homeowners who were related. The only other people was the HOA owner, a notary to count the votes mailed in, and a sales developer who is a board member.

-- All the homes are already over the quota to have the board now the only homeowner ran.
Please find out if the HOA is still developer-controlled. Read your HOA's Bylaws and Declaration. Ask the manager. I hear you that you think 95% of the units have been sold. But facts are needed to say anything intelligent.
Quote:
Posted By SueJ1 on 04/14/2021 5:12 PM
-- I never received the paper to turn in my election since they said it was emailed to me and that it's "my fault" that I didn't receive it but was not sent through regular mail. I found out that it was happening since I got the ballot in my postal mail with the names of who is running.
Are you saying that you did not receive the paperwork that would allow you to be listed as a candidate for the board?
Quote:
Posted By SueJ1 on 04/14/2021 5:12 PM
-- The ones who are running were 1)Homeowner 2)Homeowner 3)Sales manager/developer and there are three open positions.

-- I found out that I could nominate myself at the meeting which I did but the HOA owner said that I could only have the votes of who was in the meeting which was the ones above(only two people).
This is probably legally correct. It's the price of being nominated from the floor as opposed to being nominated weeks earlier and listed explicitly on the ballots.
Quote:
Posted By SueJ1 on 04/14/2021 5:12 PM
-- None of the ballots had any names on who turned in the votes.
See https://www.davis-stirling.com/HOME/Secret-Ballot. In California only the outside envelope (holding the ballot) may contain identifying information.

Quote:
Posted By SueJ1 on 04/14/2021 5:12 PM
-- Most of the people living here are renters so I wonder how would they know if it was a renter who voted and not a homeowner?
California law requires the HOA to hire either one election inspector or three election inspectors. See https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5110#axzz2CojkjgpM .
Quote:
Posted By SueJ1 on 04/14/2021 5:12 PM
-- They chose the two homeowners and the developer to be a part of the three board members which how can a developer still stay on, is that just because there are still homes being built?
Possibly. You would have to quote your HOA's Declaration and Bylaws on the subject of when the developer has to turn control of the board over to the members of the HOA. If turnover has happened, then I believe in California only HOA members can serve on the Board. See https://www.davis-stirling.com/HOME/Candidate-Qualifications

If you answer the above questions, then more detailed suggestions likely will be forthcoming. Thank you.

MaxB4
Posts: 3,513
Posted:
Based on what the OP posted, proper procedures were not followed and therefore a valid election . Whether under developer or homeowner control, same rules apply.

1) To serve on a board now days, one must be a member.

2) The association MUST have Election Rules, no ifs, ands, or buts. They must be mailed annually during the election cycle with the nomination forms and the Notice of the Annual Meeting.

3) Prior to ballots being mailed one or three inspectors must be either hired or appointed by the board. They cannot be under contract to association, such as their PM or their Attorney.

4) Nomination from the floor is allowed but only if so allowed in their Election Rules. They are not mandatory.

5) A two envelope system must be used, and/or a proxy. The outer envelope MUST have a owners signature as well as a name and address. The inner envelope which contains the secret cannot have any identifying marks put there by the association or a contracted agent.

6) if still under developer control, classes of membership and owner ship still apply.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MaxB4 on 04/15/2021 3:44 PM
Based on what the OP posted, proper procedures were not followed and therefore a valid election . Whether under developer or homeowner control, same rules apply.

1) To serve on a board now days, one must be a member.
Excerpt from California Civil Code 5105:
.
.
.

(b) An association shall disqualify a person from a nomination as a candidate for not being a member of the association at the time of the nomination.

(1) This subdivision [of Civil Code 5105] does not restrict a developer from making a nomination of a nonmember candidate consistent with the voting power of the developer as set forth in the regulations of the Department of Real Estate and the association’s governing documents.

(2) If title to a separate interest parcel is held by a legal entity that is not a natural person, the governing authority of that legal entity shall have the power to appoint a natural person to be a member for purposes of this article.

MaxB4
Posts: 3,513
Posted:
Quote:
Posted By AugustinD on 04/15/2021 3:54 PM
Posted By MaxB4 on 04/15/2021 3:44 PM
Based on what the OP posted, proper procedures were not followed and therefore a valid election . Whether under developer or homeowner control, same rules apply.

1) To serve on a board now days, one must be a member.
Excerpt from California Civil Code 5105:
.
.
.

(b) An association shall disqualify a person from a nomination as a candidate for not being a member of the association at the time of the nomination.

(1) This subdivision [of Civil Code 5105] does not restrict a developer from making a nomination of a nonmember candidate consistent with the voting power of the developer as set forth in the regulations of the Department of Real Estate and the association’s governing documents.

(2) If title to a separate interest parcel is held by a legal entity that is not a natural person, the governing authority of that legal entity shall have the power to appoint a natural person to be a member for purposes of this article.


PLEASE read #6 in my post!

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