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ELECTION RULES

Pursuant to California Civil Code 1363.03, certain elections, including those for the selection of directors, must be conducted by secret ballot and are subject as well to other important regulations. As such, the following Election Rules outline the manner in which each such election shall be conducted.

1. Equal Access to Association Media

1.1
No Member or candidate advocating a point of view shall be provided access to Association media more than thirty (30) days prior to an Association election. Thereafter, and within thirty (30) days of an Association election, if any such Member or candidate is provided access to Association media for purposes that are reasonably related to that election, equal access shall be provided to all Members and candidates advocating a point of view, for purposes reasonably related to the election. The Association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or Member, and not the Association, is responsible for that content.


For purposes of this section, “association media” shall be defined as the Association’s newsletters, Internet websites and/or association cable channel, if any. The term “Association media” shall not include the official ballot materials sent to the Membership for the election of the board of directors, inclusive of the biographical, experience, qualifications and election platform description of the candidates who are running for the board of directors.

 

2. Equal Access to Common Area Meeting Space

2.1
In each election for the selection of board members, the Association shall hold a forum for the candidates within the Association clubhouse or other Common Area meeting space, if any other exists, after the ballot materials are sent to the Membership. The forum will be for the purpose of allowing the Members to meet and ask questions of all candidates for election. All candidates standing for election shall be invited to attend the forum. In addition to the “Meet the Candidates Forum,” each candidate (or group of candidates if they group themselves together) may have access to use the Association clubhouse or other Common Area meeting space, if any other exists, at no charge for one (1) additional time to meet with Association Members pursuant to their campaign for elections to the board of directors.
   
2.2

For ballot measures that are required to be submitted to the Membership that are unrelated to board elections, the Association shall have a town hall meeting (not a formal Membership meeting, but an informal gathering of the Members in which the Members can express their points of view) anytime a ballot measure is sent to the Membership to amend the Bylaws / CC&Rs or when similar ballot measures requiring Membership approval are sent.

 

3. Qualification of Directors

3.1

No Association Member may be a candidate for election to the Board, or, once elected, continue to serve as a member of the Board, unless he or she is Member in good standing and is not otherwise disqualified under the provisions of the Bylaws or CC&Rs.

 

4. Nomination of Candidates

4.1

Any Association Member may run for the Board unless disqualified under Rule 3 above or under the Bylaws or CC&Rs; provided, however, any Member wishing to run for the Board must submit his or her name as a candidate along with a brief biography including experience, qualifications and election platform to the Association general manager not less than thirty (30) days before the annual meeting. There shall be no nominations from the floor.

 

5. Voting Rights

5.1

Each Member shall have those voting rights that are prescribed in the Bylaws and CC&Rs. The record date for Members entitled to receive notice of any Association election, as well as entitled to vote shall be the date the election materials are sent out to the Members of the Association.

 

6. Inspector(s) of Election

6.1
The Board shall appoint one (1) or three (3) inspector(s) of election. The inspector(s) of election shall be independent third party or parties and may include any one of the following, as appointed by the Board at an open board meeting prior to the distribution of the ballot material:
   
a.
The Association’s attorney;
   
b.
The Association’s CPA;
   
c. A notary public; 
   
d. The Association’s general manager or managing agent; 
   
e.
Another designated individual that the Association generally uses, even if such person is currently employed or under contract to the Association for compensation; and/or
   
f.
An Association Member provided such Member is not a member of the Board of Directors, a candidate for the Board, or related to any member of the Board of Directors or candidate for the Board.
 
   
6.2

The Board may remove and replace any inspector of election prior to the tabulation of ballots if an inspector of election resigns or if the Board reasonably determines that an inspector of election will not be able to perform his or her duties impartially and in good faith.

   
6.3 The inspector(s) of election shall:
   
a. Determine where the ballots are to be returned;
   
b. Supervise registration and voting procedures;
   
c.
Determine the existence of a quorum for the transaction of business at the meeting;
   
d. Determine the number of Members entitled to vote and the voting power or each;
   
e.
Determine the authenticity, validity, and effect of proxies, if any;
   
f. Receive ballots;
   
g.
Hear and determine all challenges in any way arising out of or in connection with the right to vote;
   
h.
Count and tabulate all votes;
   
i. Determine when the polls shall close;
   
j.
Determine the result of the election; and
   
k.
Perform any acts as may be proper to conduct the election with fairness to all Members in accordance with California Civil Code 1363.03 and the Association’s governing documents.
   
6.4

The inspector(s) of election shall perform his or her duties impartially, in good faith, to the best of his or her ability, and as expeditiously as is practical. If there are three (3) inspectors of election, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector(s) of election is prima facie evidence of the facts stated in the report.

 

7. Ballots and Proxies

7.1

All Members in good standing may vote by ballot or by proxy as prescribed in the Bylaws. Notwithstanding any other law or provision of the Association’s governing documents, elections for the selection of directors and other elections required to be voted upon by the Membership pursuant to Civil Code 1363.03 shall be conducted by a secret written ballot.

   
7.2
Ballots and two pre-addressed envelopes with instructions on how to return ballots must be mailed by First Class Mail or delivered by the Association to every Member not less than thirty (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 balloting material shall include all of the following:
   
a.
The ballot itself is not signed by the voter, but is placed into a ballot envelope (“Ballot Envelope”), which is then sealed. The Ballot Envelope is then placed into the second pre-addressed envelope (“Address Envelope”), which is then sealed. In the upper left hand corner of the Address Envelope, the voter prints and signs his/her name, address and lot, parcel or unit number that entitles him/her to vote.
The Address Envelope can include, above the signature block of Member, a very short sentence that the Member appoints the Secretary of the Association (or majority of the existing board) as his/her proxy holder limited to establishing a quorum for the annual meeting.
   
b.
The Address Envelope is addressed to the inspector(s) of election who will be tallying of votes. The Address Envelope may be mailed to the inspector(s) of election or delivered by hand to a location specified by the inspector(s) of election.
   
c.
Members may also hand deliver the Address Envelope to the annual meeting or complete a ballot at the meeting; provided, only those ballots which were delivered to the inspector(s) of election prior to the polls closing shall be counted.
   
d. Any Member can request a receipt for delivery of their ballot.
   
7.3

Ballots sent to each and every Association Member shall identify the proposed action, provide an opportunity to specify approval or disapproval and provide at least thirty (30) days upon which to return the ballot to the inspector(s) of election. The voting instructions contained within the ballot materials will show a date by which the ballots must be delivered to the location designated by the inspector(s) of election by either the United States Postal Service, overnight delivery service or hand delivery.

   
7.4

The first ballot received for any unit shall be the ballot, which is counted. Any subsequent ballots for the same unit, which are received shall be deemed invalid and shall be discarded. Ballots may not be revoked once they are submitted to the inspector(s) of election (unless such permission is expressly identified and granted within the Articles of Incorporation or Bylaws of the Association).

   
7.5

All votes shall be counted and tabulated by the inspector(s) of election in public at a properly noticed open meeting of the board of directors or Members. Any candidate or other Member of the Association may witness the counting and tabulation of the votes. No person, including a Member of the Association or an employee, shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated.

   
7.6

The sealed ballots at all times shall be in the custody of the inspector(s) of election or at a location designated by the inspector(s) of election until after tabulation of the vote, at which time custody can then be transferred to the Association. After tabulation, election ballots shall be stored by the Association in a secure place for no less than one (1) year after the date of the election.

   
7.7
If a Member loses his/her ballot, they may request another ballot, along with the appropriate envelopes from the inspector(s) of elections, but they must submit a written request / statement, under penalty of perjury that the original ballot was either lost, destroyed or never received. The inspector(s) of election shall maintain a record of each such request.
   
7.8
Any instruction given in a proxy issued for an election that directs the manner in which the proxy holder is to cast the vote shall be set forth on a separate page of the proxy that can be detached and given to the proxy holder to retain. The proxy holder shall cast the Member’s vote by secret ballot.
   
7.9
If, upon reviewing the ballots and proxies timely cast at a meeting or by written consent, the inspector(s) of election concludes there is a defect or deficiency in a ballot or proxy which a Member has cast, the inspector(s) may contact the Member to seek clarification or correction of the ballot or proxy; provided, however, that if any one Member is contacted for this purposes then all Members whose ballots or proxies were not counted for this reason must be contacted.
   
7.10
In order for the vote for any election to be valid, ballots must be returned by at least a quorum of the Members.
   
7.11

The balloting process for amendments to the governing documents and other elections required to be submitted to the Membership pursuant to California Civil Code 1363.03 shall be submitted to the Membership and conducted in a similar manner as the election of the board of directors, except that the ballots may be sent to the Membership at any time and not in conjunction with the timing of any annual meeting.

 

8. Reporting Election Results

8.1

The results of any election shall be promptly reported to the board of directors and shall be recorded in the minutes of the next open board meeting and shall be available for review by Members of the Association. Within fifteen (15) days of the election, the Board shall publicize the results of the election in a communication directed to all Members.

 

9. Use of Association Funds

9.1.
Association funds shall not be used for campaign purposes in connection with any Association election, except to the extent necessary to comply with the duties of the Association imposed by law or the governing documents. For purposes of this paragraph, the Association can use its funds to have corporate counsel (or other Board-designated individuals) prepare and review appropriate ballots as well as the copying, printing and mailing costs necessary to provide the ballots and election materials to the Membership consistent with the Association’s governing documents and California law. The Association can also add background information and explanation of ballot material. The Association may use funds to distribute, for election of the board of directors, a biographical, experience, qualifications and election platform description of the nominees within said election materials. For elections other than board of directors elections, the board can add a one sentence recommendation, requesting approval or disapproval of such election (the board, however, may not advocate the election or defeat of any candidate that is on an Association election ballot for the board of directors).

 

(Adopted 6-27-06)

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