ELECTION RULES

All associations are required to adopt election rules that comply with the requirements contained in the Davis-Stirling Act. For a fee we can have your documents reivewed to ensure:

  • nomination procedures
  • candidate qualifications
  • a method of selecting independent third parties as inspectors of election
  • rules regarding access to association media during campaigns
  • rules regarding access to common area meeting space during campaigns
  • secret balloting procedures
  • a ballot form

BYLAW AMENDMENT PACKAGE

In addition to Election Rules, we offer a package of bylaw amendments. Almost all associations have trouble achieving quorum for their annual meetings. Nagging owners to send in their ballots is the traditional method for encouraging participation. Some boards are so frustrated by low turnout. The best approach is to amend your bylaws to eliminate quorum requirements for the election of directors. By eliminating the requirement, board elections would be like all other elections at the municipal, state and federal levels. In other words, elections would be determined by those who are interested enough to vote.

 

This would eliminate wasted time and money sending out pleas for participation

and holding multiple meetings. For a flat fee our firm will have your governing

documents reviewed and have amendments plus a ballot to send to your

members prepaired. The amendments can/will do the following:

  • eliminate quorum requirements for the election of directors;

  • eliminate cumuliative voting to create more conventional voting, i.e., casting no more than one vote for each candidate--the same election process used in city, state and national elections;

  • modify nomination procedures to comply with the new statute;

  • make floor nominations optional so elections can be conducted entirely through the mail if associations wish to do so;

  • create director qualifications; and create 2-year staggered terms for directors to ensure continuity from board to board.