Election Rules Required
Effective July 1, 2006, every common interest development is required to adopt election rules that comply with California Civil Code Section 5105. These rules must incorporate the relevant language from the association's bylaws and CC&Rs. Failure to adopt election rules may result in an owner contesting an election. Election rules should always be drafted by an HOA attorney and should include the following:
- Nomination procedures,
- Qualifications of directors,
- The method of selecting the inspector or inspectors of election,
- Any rules for accessing association media or common areas,
- A description of the secret balloting and mailing procedures,
- Procedures for uncontested elections, and
- Procedures for recall elections.
Applicable elections as set forth in Civil Code Section 5100 include:
- Elections of directors,
- Removal of directors,
- Special assessments,
- Amendments and restatements of the CC&Rs,
- Amendments and restatements of the Bylaws, and
- Conveyances of common area.
While proxies may be used, they are never required given that voting is conducted by mail. Accordingly, associations are not required to provide proxies to members.
American HOA Management