SAMPLE ELECTION POLICY REQUIRED BY SB 323
Election Rules
Policy and Voting Procedures
Civil Code Sections 5100- 5145
Adopted 2020
I. ASSOCIATIONS SHALL ADOPT ELECTION RULES AS POLICY:
Commencing in July, 2006 and amended on October 12, 2019 with Senate Bill 323, all associations are required to adopt election rules. (Civil Code §5105(a).). Civil Code Section 5145 provides that a member of an association may bring a civil action for a violation of the elections law (including the fact that an election was conducted without election rules in place) within "one year of the date the cause of action occurs.
II. ELECTION RULES AND POLICY SHALL INCLUDE THE FOLLOWING:
- Election Date and Association Election Procedures. (Civil Code § 5115)
- Provide Equal Access to Association Media
- Provide Access to Common Area Meeting Space
- Specify Candidate Qualifications
- Specify Nomination Procedures
- Specify Qualifications for Voting
- Specify Method of Selecting Inspector(s) of Elections
- Allow Inspector(s) to Appoint/Oversee Additional Persons
- Require Retention of Voter List and Candidate List as Election Materials
- Prohibit the Denial of a Ballot to a Member
- Ballots for Persons with a General Power of Attorney
III. NOTICE OF MEMBERSHIP MEETINGS:
The call for a meeting to conduct the business of the Association including the "Notice of Meeting and Agenda" will proceed in the same usual and customary manner set forth in the Association's CC&Rs and Bylaws. The meeting notification process will not change under the guidelines of Civil Code 5105(a).
IV. NOMINATION PROCEDURES (Applicable Only to Meetings Electing Directors):
Association shall provide a general notice of the procedure and deadline for submitting a nomination as a candidate at least 30 days before any deadline for submitting a nomination. The Association shall mail a "Candidate Nomination Form" to all homeowners at least sixty (60) days prior to the election. Said form must be returned to the Association at least thirty (30) days prior to the election.
Self-nominations. A member may nominate himself/herself, so long as the member meets the qualifications to serve as a director.
Nominations from the floor are not required by the Davis-Stirling Act but may be used if provided for in the Association's Governing Documents. (Civ. Code §5105(b).)
V. BOARD CANDIDATE QUALIFICATIONS:
Candidates for election to the Board of Directors shall meet the criteria as set forth in the Association's Governing Documents. Directors shall consist only of members who are in good standing with the Association.
The election rules may be used to establish qualifications for candidates for the board as permitted under Civil Code Section 5105(c).
VI. CAMPAIGNING, CANDIDATE STATEMENTS, COMMON AREA ACCESS AND USE OF ASSOCIATION FUNDS:
Any candidate for the Board, or any member advocating a point of view on an issue which is to be voted upon, shall have equal access to any Association media, newsletters, or Internet Web sites during the campaign, for purposes that are reasonably related to the election or other vote which is being taken. Equal Access shall be provided to all candidates and for all points of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall permit members to verify the accuracy of their individual information on election lists at least 30 days before the ballots are distributed
The Association shall not edit or redact any content from any statement or election communication received from an owner. Any content published shall include the following statement:
"These statements are from the candidates themselves, and not the Association. Neither the Association nor the Board of Directors is responsible for or necessarily endorses any of the views expressed in these statements."
Association funds shall not be used for campaign purposes, (as defined in Civil Code Section 5100 in connection with any Board election or any other Association election except to the extent necessary to comply with duties of the Association imposed by law.
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