Elections

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SB 969 - Association Elections

Includes among the permissible reasons for disqualifying a person from nomination as a member of a Board of Directors of a common interest development, if the person has served the maximum number of terms or sequential terms allowed by the association. Requires additional persons to be appointed and overseen by the Inspectors of Election to also satisfy the criteria of who may be an independent third party.

SB 323 - Elections: Felons, Access, and Redress

This bill makes changes to a large number of election-related rules, including: director qualifications, permissible election venues, inspector of elections provisions, member list information, the minimum period between elections, and many more.

SB 754 - Election by Acclamation

The Davis-Stirling Act currently requires the election of directors to serve on the board of directors of the association to be held by secret ballot, and requires an association to adopt rules that specify the procedures for nomination of candidates consistent with the governing documents. The act also authorizes those rules to provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner.

2017 Legislation - AB 1426 - Uncontested Elections

Under the current system, associations must always use a double envelope, secret ballot system in their elections. This requirement applies even when the outcome of the election is already decided: i.e., when the number of board vacancies equals the number of board candidates. This is called an "uncontested" election.

Responding to a Recall Petition

When HOA members decide to remove their board of directors, the board has to participate in the process. This article explains the board's responsibilities.

2016 Legislation - AB 1799 - Elections by Acclamation

AB 1799 would offer an alternative voting process to associations with uncontested elections - those elections where the number of candidates for the board equals the number vacant seats. Under these circumstances (defined in the bill), the association would be able to hold elections "by acclamation."

2014 Legislation: AB 1360 - Electronic Voting

This bill authorizes an association to conduct elections or other membership balloting by electronic voting. It also requires an association to provide each member with an opportunity to indicate that he or she will be voting electronically and to provide a member who did not indicate so with a paper ballot.

Every HOA Must Adopt Election Rules - Following the Civil Code Isn't Enough

California HOA boards who fail to adopt elections rules are in violation of the law - even when they follow the procedures outlined in California's Civil Code. This article explains why, identifies the risks, and recommends a solution.

The Need for Election Rules

Even though the elections law went into effect well over six years ago, we still frequently come across associations without election rules in place. We often hear that some boards of directors resist investing in election rules because they do not want to spend the money; however, election rules can be drafted quickly and inexpensively by competent attorneys that specialize in common interest development law.  The cost is particularly minimal in comparison to the serious risks involved in conducting votes and elections in the absence of voting rules.

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