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CANDIDATE BIOGRAPHIES

Candidate Biography. As part of the election package to the membership, associations may (but are not required to) include candidate bios and pictures. The content of candidate bios should be limited to information about the candidates only and not allow advocating or campaigning in their candidate bio. If candidates are allowed to advocate or campaign in their candidate bios, it creates the following potential problems:

  • defamatory statements by candidates may open the association to litigation (even though the association should be able to defeat the claim, it must still endure the litigation);
  • the association is prohibited from editing or redacting material that advocates a point of view about the election (Civ. Code § 5105(a));
  • other candidates may demand rebuttal statements in the same mailing; and
  • material advocating a point of view about the election mailed at the association's expense opens the door to equal access by all members who want materials mailed at the association's expense.

False Biography. When candidates puff their resumes or lie about their background, board members, other candidates and homeowners can point out the false statements to anyone who will listen. This is no different than political campaigns for city council, governor or president. If a candidate succeeds in lying his/her way onto the board, fellow directors cannot remove the person from the board for lying unless they don't meet the qualifications to be a director. 

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC