Elections

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§5130 - Proxies

  1. For purposes of this article, the following definitions shall apply:
    1. "Proxy" means a written authorization signed by a member or the authorized representative of the member that gives another member or members the power to vote on behalf of that member.
    2. "Signed" means the placing of the member's name on the proxy (whether by manual signature, typewriting, telegraphic transmission, or otherwise) by the member or authorized representative of the member.

§5125 - Location of Ballots

The sealed ballots, signed voter envelopes, voter list, proxies, and 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.

§5115 - Ballots

  1. An association shall provide general notice of the procedure and deadline for submitting a nomination at least 30 days before any deadline for submitting a nomination. Individual notice shall be delivered pursuant to Section 4040 if individual notice is requested by a member.
  2. An association shall provide general notice of all of the following at least 30 days before the ballots are distributed:

§5110 - Inspector of Elections

  1. 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.

§5105 - Election Rules

  1. An association shall adopt operating rules in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:

§5100 - Scope of Election Provisions

    1. Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article.

You Have Been Sued for Non-Compliance?!

Small Claims Courts have new authority to judge your conduct, scrutinize statutory compliance and to punish violators. At the same time you are learning the ins and outs of compliance, keep in mind that a disgruntled owner can have a judge second-guessing your actions within weeks of filing a complaint in Small Claims Court. Will you be ready to explain yourself when you are accused of wrong doing? As you go about the process of complying with the new laws, you should also consider creating a paper trail that can be used to explain and defend you actions.

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