Election Rules Required
Beginning July 1, 2006, all associations are required to adopt election rules. (Civ Code § 5105(a)) On January 1, 2020, significant changes were made to the Davis-Stirling Act related to director elections. The changes require all homeowner association election rules in California to be amended. Election rules should contain the following:
- candidate qualifications and nominations,
- a method of selecting independent third parties as inspectors of election,
- rules for access to association media and meeting spaces during campaigns,
- secret balloting procedures,
- procedures for uncontested elections,
- retention of election materials
Simplifying Elections
To simplify elections, boards should eliminate quorum requirements for director elections, eliminate cumulative voting, and eliminate proxies.
How to Simplify Elections
Electronic Voting
To use electronic voting, associations must first amend their election rules. (Civ. Code § 5105(i)) In addition, they include information in their annual policy statement on the procedure for opting out of or opting into electronic voting. (Civ. Code § 5105(i)(1)(D))
Amending Election Rules
Election Defined. Election rules can be amended, but associations must follow the rule amendment process required by the Davis-Stirling Act. Election rules cannot be amended less than 90 days before an election. (Civ. Code § 5105(h)) "Election" is indirectly defined in Civil Code § 5105(h)(4), which states, “Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents: (A) The ballot or ballots.…” There’s similar language for electronic ballots. (Civil Code § 5105(i)(3)(A)) That can only be interpreted as defining the election as the due date for returning the ballots (Civ. Code § 5115(c)), which isn’t necessarily the date the ballots are opened and votes tallied.
Non-Director Elections. With the separate mandatory 28-day notice period for membership review of proposed rule changes (Civ. Code § 4360(a)), the waiting period for updating election rules is extended to 118 days, since the board cannot approve the change until the end of the 28-day period. Accordingly, the process to amend the election rules for electronic voting in non-director elections should begin at least 120-130 days before the ballot return deadline.
Electronic Voting in Director Elections. If an association wants to amend its election rules to allow for electronic balloting for the election of directors, it must do so at least 120 days before the voting deadline, since it must give the membership notice that electronic voting will be used (see electronic balloting timeline below). Add a 28-day member review before the board can adopt rule changes, and the deadline becomes 148 days. To be safe, boards should amend their election rules six months before their next annual meeting.
Important Amendments. When amending documents, boards should eliminate write-ins, floor nominations, quorum requirements, proxies, and cumulative voting.
Candidate Statements. See Restrictions on Candidate Statements.
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