Running for the Board

Started by KathyS • 7 replies • 1173 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

KathyS (California)
Posts: 145

Posted:

The Mc sent our forms to have one's name put on the ballot for this years election stating the forms had to be in by last Friday at 4PM. Our election rules do not allow for extensions or nominations from the floor. Last night at the Board meeting, she asked if the current Board members up for election were going to run again as she had not received anything from them. They all said yes and would email their applications in this week.

Is the Board immune from the Friday deadline?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KathyS: No, Board members should also have to adhere to any deadlines for submission of a re-nomination to hold a seat on the Board in a new term of office. Do you have an election committee who assumes the process for nominations and submitting ballots at the meeting?

KathyS (California)
Posts: 145

Posted:

We haven't had an election committee in years. The MC handles everything. This and prior Boards haven't had committees for anything as they feel they aren't needed. It is likely they just don't want anyone elses opinion.

GeraldT4
Posts: 1,022

Posted:

KathyS - Do your by-laws specifically prohibit nominations from the floor? I recommend you go to davis-stirling.com and review the California law pertaining to associations. Specifically to this post and important to nominations from the floor Chapter 4 Article 2 extracted as follows:

(e) Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of voter absentee ballots, including all of the following:

(j) 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.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KathyS: You state your election rules DO NOT allow nominations from the floor. However, what Gerald has posted from Davis Sterling Act, CA does give authority to have nominations from the floor, even though they (DS) also allow the use of absentee ballots. Am I reading incorrectly?

Is your MC speaking of this clause in DS which does allow nominations from the floor, and in a sense, you wouldn't need to hold to a hard and fast deadline to 'get your name in' if you can also be nominated from the floor. Would there?

KathyS (California)
Posts: 145

Posted:

The attorney for the association wrote the rules. They changed quorum requirements (if only six people vote in an election that's all they need even if there are 250 homes), no nominations from the floor, mail in ballots only, no proxies, no voting at the meeting, no asking for another ballot to change your vote and the annual meeting would be used for counting ballots only. No other business would be conducted.

The few homeowners that voted for it obviously didn't know what they were voting for, didn't care or didn't realize the ramifications but there were enough to offset the no votes.

Thanks everyone for your answers. I will go to DS and pass it on to someone who is thinking about contesting the election.

JaneK (California)
Posts: 175

Posted:

Kathy,
You may be able to write in candidates. Your election ‘rules’ are probably illegal under CA CC 1363.03 and 1357.100 also. Where does it say in the law or your docs that they can have such a small quorum? Ours was wrong and the attorneys wrote that too. So much for attorneys. Last one I talked to didn’t know much about CA CID laws!!

Management has too much power, or should I say, boards allow them to take too much power.

I’m surprised how apathetic people can be, especially when it comes to their homes!
Jane

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KathyS: It may be time for some to question the attorney's professional knowledge of California rules for HOAs. Review Davis-Sterling Act to learn if your association is complying with state law. Do your CC&Rs confirm what state law requires of you?

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here