Candidate Bios and Goals
In a California Supreme Court decision, the Court ruled that a statute restricting the content of a candidate's statement for inclusion in the voter information guide to a brief description of the candidate's age, occupation, background, and qualifications does not violate the First Amendment free speech nor the 14th Amendment's equal protection clause. (Clark v Burleigh (1992) 4 Cal.4th 474) However, in a December 1, 2025 decision, the Court of Appeal noted that "There can be no other purpose of the candidate statement than to convince members to vote for him." (Arroyo v. Pacific Ridge) Therefore, candidates should be allowed to state their position and what they hope to achieve once in office, such as lowering dues, increasing reserves, and refurbishing the playground. If a candidate's statement includes a diatribe against the board and/or other candidates, the association may include a statement that the candidate, not the association, is responsible for the content of the candidate's statement. (Civ. Code § 5105(a)(1))
Returning Nonconforming Statements
Associations can limit the length of candidate statements. Some limit statements to 500 words. Doing so saves on printing and mailing costs. If candidates wish to make longer statements of advocacy, they can do so at their own expense by distributing flyers, mailing letters, sending emails, and holding meetings. Because associations are prohibited from editing or redacting* material in a candidate's statement (Civ. Code § 5105(a)), if a candidate submits a statement that does not conform to the association's requirements, the statement can be returned with a request that a conforming one be submitted. For example, the election rules limit statements to one page; if a candidate submits a 10-page statement, it can be returned with a request that a 1-page statement be submitted. If the candidate refuses, the association may exclude the 10-page statement from the election package.
*To "redact" is to blacken or strike through language in a document so it cannot be read.
False Bios. If a candidate puffs their resume or lies about their background, it should not be rejected. The bio should be included in the ballot materials. Other candidates and homeowners can point out during the campaign that the candidate lied about his/her background. Members can then decide whether they want to elect the person to the board.
Candidates' Forum
So members can meet the candidates and hear their positions, associations can schedule a "Candidates' Forum" or "Meet the Candidates" Town Hall meeting without violating the restriction on association media, since everyone will have an opportunity to speak.
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