Educational Guide Adopting New Election Rules in California
Did you know?
There was an extensive overhaul to election procedures that homeowners associations in California must comply with. The purpose of this guide is to provide well intentioned and hard-working members of a homeowners association who step-up and take on the responsibility of serving as a director of the association with steps that should be followed by a homeowners’ association in order to comply with the 2020 changes to the HOA election statutes in California.
What’s Included:
State statutes and/or an Association’s governing documents require a homeowner’s association to conduct certain voting by the members of the Association by secret ballot. To comply with the requirements, Associations must adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and other elected positions, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The statutes and/or governing documents also mandate the procedures to be followed in conducting the votes/elections by the members and those to be followed after the vote or election takes place.
This Guide describes the steps that should be followed by a homeowners’ association in order to conduct membership voting and elections by secret ballot and the process for challenging a vote or election that has not been properly conducted.
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Review State Statutes and Association Governing DocumentsReview State Statutes and Association Governing Documents
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Adopt or Review “Election Operating Rules”Adopt or Review “Election Operating Rules”
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Set Important Key DatesSet Important Key Dates
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Call for Nominations of Candidates(Preview of Step #4 shown above)Call for Nominations of Candidates
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Post Nomination ProceedingsPost Nomination Proceedings
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Board Meeting re Disqualification of Nominees and Appointment of Inspector(s)Board Meeting re Disqualification of Nominees and Appointment of Inspector(s)
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Prepare and Distribute a Pre-Ballot NoticePrepare and Distribute a Pre-Ballot Notice
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Distribution of Ballots and Member VotingDistribution of Ballots and Member Voting
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Member or Board Meeting to Count Ballots (Election Day)Member or Board Meeting to Count Ballots (Election Day)
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Challenging the Election ProcessChallenging the Election Process
Throughout the Guide there are references to various California state statutes and helpful forms, copies of which are contained in Appendix A and Appendix B. The HOA Member Voting By Secret Ballot – California (83 Pages) Guide is available for download in the HOA Member Services online store for a price of $29.99 and can be purchased by clicking the “Buy Now” button below.
