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ELECTION CAMPAIGNING

The following Corporation Code provisions concern large associations with over 500 and over 5,000 members. Even so, they provide good guidelines for all association elections.

Right to Solicit Votes. If more people are nominated for the board than can be elected, the election must allow all nominees a reasonable opportunity to solicit votes and all members a reasonable opportunity to choose among the nominees. (Corp. Code §7522(b).) A nominee must have a reasonable opportunity to communicate to the members the nominee's qualifications and the reasons for the nominee's candidacy. (Corp. Code §7522(c).)

Newsletters. Where a corporation publishes any material soliciting a vote for any nominee for director in any publication owned or controlled by the corporation, the corporation may provide that it shall make available to all other nominees, in the same issue of the publication, an equal amount of space, with equal prominence, to be used by the nominee for a purpose reasonably related to the election. (Corp. Code §7523.)

Equal Access to Media. Associations must provide equal access to their media.

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