Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law requires a homeowners association to adopt rules that specify the qualifications for candidates for the board of directors, 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 act requires the sealed ballots to be held at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.

This bill would amend Civil Code Sections 5105 and 5125 to delete the requirement that the elections rules specify the qualifications for candidates for the board and the qualifications for voting. The bill would require an association to disqualify a person from nomination for not being a member at the time of the nomination and for being convicted of certain felonies, and would authorize the association to disqualify a person for specified reasons, including the failure to pay regular assessments. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to all members and their representatives. The bill would also require the rules to mandate the elections notice include provisions regarding the return and counting of ballots, nominations, and list of candidates’ names that will appear on the ballot. The bill would require the rules to mandate that the elections rules be mailed with the ballots at least 30 days prior to the election. The bill would require the rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation and would, with certain exceptions, require these association election materials to be considered association records, subject to inspection and copying.

Existing law requires an independent third party to be selected by the association as the inspector of elections and prohibits a person, business entity, or subdivision of a business entity that is employed or under contract to the association for any compensable services from being an independent third party unless otherwise expressly authorized by the rules of the association. This bill would amend Civil Code Section 5110 to delete the exception made by the election rules.

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