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October 5, 2006
THE ELECTIONS CODE - Does It Apply To HOA Elections?
I have been receiving a lot of calls and emails asking if the Elections Code applies to HOA elections. It does not. The legislators who wrote this law may intend that it serve as a guide, and have made similar statements to that effect, causing undue confusion. However, think about it ... if HOAs do not allow proxies (as some feel is appropriate since the new elections law says they do not have to provide them) and they do not allow members to "validate" their ballots and allow someone else to fill them out and turn them in, it will disenfranchise every California HOA member who cannot attend an important meeting at which ballots will be accepted and the final count be taken. Unlike public elections, the most excitement with regard to any election tends to happen at a meeting where candidates will be nominated from the floor or important presentations will be made about proposed reconstruction or special assessments. The new elections law requires Boards to hold the meetings if the documents require it, but the buzz about proxies and "electioneering" are leading to a very difficult situation for HOAs and especially for homeowners in the HOAs who want to have a voice.
Don't even get me started on recall. The new elections law, in my view, unduly complicates that process and has the likely possibility of throwing every recall election in this State into a court challenge. Allow Proxy voting or not? Meeting or Not? More questions than answers.
There needs to be discussion among professionals on this subject as to how to keep things fair, without unduly confusing the membership, given the roller coaster ride caused by the new "Elections Reform" forced on California HOAs.
Stay tuned for more ............
Posted by Beth Grimm at October 5, 2006 10:27 AM