SB61 Voting

Hello,

I believe my Board and Association are not complying with the new law. We had to bring it to their attention in our last board meeting, they acted ignorant and unaware of the law. Finally, they mailed us nomination forms (we requested they mail them out) with the rules. Everything on the rules looks okay but for one paragraph, where it says the "Association Manager can be the inspector", I do not believe that is true? Can someone tell me if he can be the inspector?

Jasmine

Sorry Roger, its in California state

I believe the law says the manager can be the inspector if it is voted on by the membership to allow it. What too many Boards are doing is not telling the members they have any another option.

In our association, they (whoever they are) wrote the new election rules and left out several things allowed by law. Seems they picked and choosed what would work best for the Board and the management company and not the members of the association. They sent out the new rules to be voted on, the membership agreed to the rules but all the members except the Board knew of the other options.

It's business as usual in my book.

You have the right to call a special meeting by petition with 5% of the members of your association signing it. Hopefully, your timeline hasn't lapsed.

Be sure to state on the petition what the meeting is for and the civil code you are referring to so the manager or Board can't say they don't know what you are talking about and deny the meeting. This is how ours read

PETITION FOR SPECIAL MEETING OF THE MEMBERSHIP

In accordance with the Bylaws of XXXXX HOMEOWNERS ASSOCIATION and Sections 7510 and 7511 of the California Corporations Code, the members of the Association demand a Special Meeting to discuss the rules distributed by the Board of Directors on Sept. 24, 2004. The discussion shall include the legality by which rules may be adopted and implemented. (Sections 1357.130 and 1357.140 of the California Civil Code)The Board of Directors shall explain and answer all questions regarding The XXX Collection Policy, including but not limited to: how and by whom violations are determined, procedures to gain compliance, how, when and under what circumstances fines are levied, who our collection agency is, methods of payment, and the consequences that could result from this policy, up to and including the loss of ones’ home through foreclosure.Meeting notification shall be in accordance with applicable state law.

Address: Member Name:
1.
2.
3.
4.

Just a note, two years later the management company is now telling us the meeting was illegal because there was no minutes taken at the meeting and no sign in sheet therefore she doesn't know if a quorum was met or what the final vote was.

MAKE SURE YOU COVER ALL THE BASES!!!

The same thing happened in my Association in California as well. I'll take it one step further. Our Association never adopted the rules they sent out. They just sent out the rules and said here are the rules.

I called them on that and they said the because the Board approved the rules they were sent out and that the Civil Code pertaining to adopting the rules did not apply. How is that for bold?

Another words, We don't have to follow the law because the BOD said the rules were ok. Funny thing is, I was a Board member at that time and we never even saw the rules or approved them. We gave approval for the Attorney to draft them and never saw them after that. The Management Company just mailed them out. I am no longer a Board Member as I quit before the election and wanted nothing to do with the crap they do. However, I am challenging them on the violation of election Civil Codes and they are not happy with me.

Wow, it seems like they are everywhere. Please let me know how you do with challenging them.

Jasmine and Rick,

After attending the "convention", I think I'm more confused than before. We were referred to section 1357.100 of the civil code stating: (b) A decision on a proposed rule change shall be made at a meeting of the board of directors, after consideration of any comments made by association members.

I know our association did not ask for comments from the members at any meeting. They talked about it, with the manager's back to us, heads down, as usual. I did interrupt their small conversation and in nice words, was poo-pooed off. Again, as usual.

I could not get an answer to what we have access to if we contest an election, other than the ballots. This, to me, leaves room for corruption. Are ballots sent out to everyone? Is everyone's vote counted? Are some members allowed to vote when they are behind in their assessments and others not? When those who are in control, control the election, we are still subjected to the same old thing.

I do not think any manager or attorney, employed by the association, should be allowed to have anything to do with the voting.

Despite what some are saying, "elections are not that crooked in associations", here are three of us who KNOW they are. We are from three different associations with three different managers and three different attorneys. Maybe someone could explain THAT coincidence?

Kathy

Roger,

The thing is, these associations are letting the management company store the ballots until there is a quorum. Our management company had the ballots for a week and I specifically have knowledge of a Management Company Representative going through the ballots prior to them being counted the following week as they admitted such in an email.

This is how ass backwards and tell me if this doesn't sound fixed our election was. Everyone cast their vote, then the mangement company representative allowed the candidates to speak. Well it didn't matter really what you said because the people already voted. I specifically requested prior to the election to let candidates speak prior to the voting. I guess I got ignored.

Not to mention, there were two sets of ballots that went out. One was mailed and a revision was at the election. As well the person collecting the ballots was the Management Company Representative and the Rep had possession of them and the extra ballots and envelopes for "people who forgot or lost their ballots" I believe that is a dangerous combination to have one person have control of the spare ballots and the ballot box for a week after the election before the ballots were tabulated. Did I mention the so called inspectors at the election? There was only one handling or doing anything and that was the Rep. I saw at least one of the inspectors socializing out in the seats with the other residents not at all concerned with the election. I don't know who or where the third was, but the first inspector was the management company rep. That person ran the whole show without consulting any other Inspector.

Get this, in addition to everything else, our rules say that the inspectors were to be chosen by the board prior to the ballots being sent out. I was on the board at that time and we never chose inspectors either.

So many things were mishandled it is a disaster. I told the Board of my complaints and at first they chose to do nothing. I told them I was going to go public with the information I had. I told them I was going to notify all of the residents and the local newspaper. They didn't like that. The then agreed to meet me in an internal dispute resolution process which is currently pending.