I SECOND THAT!

QUESTION: Can the same board member second himself if he was nominated as president of a 3-member board?

ANSWER: Yes. Nominations for each office (president, secretary and treasurer) are made by the directors. No second is needed for nominations. (Robert's Rules, 10th Edition, p. 418.) In addition, directors may nominate themselves if they wish. Since the Davis-Stirling Act allows members to nominate themselves to run for the board, it would be reasonable to allow self-nomination as officers. Civil Code §1363.03(a)(3). Each nomination is then voted on by the board, not the membership.

TABLED ITEMS

QUESTION: If an item is tabled at a regular Board Meeting, can it be acted on in any way at the next meeting under old business?

ANSWER: Yes. The matter may be "taken from the table" by a majority vote of the directors at the next meeting. (Robert's Rules, 10th Edition, p. 205.) If the board comtemplates discussion and/or action on the tabled item, it must be listed on the agenda and posted at least four days in advance of the meeting.

FINED FOR HARASSMENT

Feedback: BULLSHIT -- SO-CALLED "anti-harassment" resolutions violate both the statutory and constitutional rights of the homeowner. EVEN if the homeowner uses yelling and profanity, it is protected speech. -A.S.

RESPONSE: If you try that in a an open session of Congress, a city council meeting, or a court room, you will discover that your free speech rights are not unlimited. It is never appropriate to yell and use profanity in a board, committee, or membership meeting. You can be ejected from the meeting and fined for your disorderly conduct. (Robert's Rules, 10th Edition, p. 627-629.)

CC&R AMENDMENTS
BY THE BOARD

QUESTION: Another board member says that the board can change our CC&Rs and bylaws without a vote of the members if there are changes in the Davis Stirling Act. I thought all amendments required a vote of the members. Can you clarify?

ANSWER: The Davis-Stirling Act empowers boards to remove discriminatory provisions. Civil Code §1352.5. If your governing documents authorize it, the board could also unilaterally amend the CC&Rs to make them comply with changes in the law. However, I don't believe this issue has been tested in the courts so you should consult with counsel.

SOLAR PANEL LOAN

QUESTION: Regarding the question on solar heating of pools. I've always thought that the very act of installing solar heating would be a capital improvement. In that case a 3/4 positive vote would be required. Exactly the same if a new (not replacement or repairs) spa or parking garage was to be constructed. Can a board just do that?

ANSWER: Unless the governing documents prohibit the board from making capital improvements, boards may add upgrades within budgetary constraints. Boards also have the authority to special assess on their own authority up to 5% of the budget for improvements.

UNCONTESTED ELECTIONS

QUESTION: You have an article under "uncontested elections" that has sparked a little disagreement in our offices. If the election rules or bylaws allow for nominations from the floor, and if write-ins are accepted, would you not be required to complete the balloting process?

ANSWER: Yes. If the election rules allow for write-ins and/or floor nominations, the association would be required to send ballots and conduct a full election since the election could be contested. You won't know until you go through the expense of sending out ballots and hiring an Inspector to open and count the ballots. To avoid this expense, you need to amend your documents to eliminate write-ins and floor nominations.

POLITICAL PROCESS

Feedback. You frequently suggest if homeowners are unhappy with board decisions they should just ''vote in new directors''. . . easy to say, very difficult to do in most cases. Too bad there aren't other realistic alternatives. What you suggest is just a cop-out. -C.G.

RESPONSE. If you have any easy alternatives (legal ones), send them my way. I’m open to suggestion.