Failure to Hold Board Elections on Time
The bylaws of common interest developments in California set forth the requirements for holding the election of directors. In most cases, associations are required to hold elections for board members once each year at a specified time.
In accordance with the California Corporations Code, if a board fails to hold an election for 60 days after the designated time, or for a period of 15 months after its last election, the Superior Court of the county may summarily order the election to take place upon application of any member of the homeowner association.
Members should consult with legal counsel if it becomes necessary to force an election.
Failure to hold timely elections is one of the most common reasons boards are recalled. See: Most Common Reasons Board Members are Recalled.
Proxies
Good Idea or Bad Idea?
Some members of homeowner associations ask their neighbors for proxies so they can vote for their neighbors.
Owners can simply mark their ballot and mail it to the inspector of elections in the envelopes provided. It is not necessary to allow another person to decide how your vote will be cast.
Proxy holders are not required to honor any instructions provided by a proxy giver. The proxy holder can decide how to cast the ballot provided to him or her.
The purpose of voting by mail to assure secret ballot voting. Proxies eliminate the secrecy aspect of the voting process.
While every member of an association has the right (subject to any limitations set both in the governing documents) to give away their right to vote. It is important to be fully informed before doing so.
The reason someone solicits proxies is to build a voting block in order to acquire control. This may or may not be advantageous to the association.
The bottom line is that every owner receives a ballot and mailing envelope and can vote without giving someone else the power to vote for him.
HOAInspectorofElections.org
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