October 19, 2020 Directors Report

SECTION 14

ELECTION RULES

Applicability of Election Rules 1.

These Election Rules shall apply to elections required to be held by secret ballot pursuant to Civil Code Section 5100(a). The Board of Directors may, in its discretion, also determine to apply these Election Rules to govern an election on any topic that is not expressly required by statute to be conducted by secret ballot.

Access to Association Communications 2.

No member shall be provided access to association media within the period thirty days prior to the date the first election ballot material is sent to the membership. The term “association media” does not include within its definition the official ballot materials sent to the membership inclusive, for board of director election, any statement advocating their candidacy, biographical description, and/or photographs of candidates. To the extent that any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view. 3. The Association will not edit or redact (black out) any content from communications set forth in Section 2. The Association may include a statement that the candidate or Member, and not the Association, is solely responsible for the content of the communication. 4. Candidates, including those who are not incumbents, and Members advocating a point of view reasonably related to the election, shall have equal access to any Common Area meeting space, if any exists. This access shall be provided at no charge for purposes reasonably related to the election, except that the Association may require cleaning/security deposits or other procedures to reserve Common Area meeting spaces. Qualifications for candidates to the Board of Directors shall include: a. Candidates must be Members of the Association. b. Only one Owner per Lot shall be eligible to serve on the Board at any time. Candidate must not be related by blood or marriage to or reside in the same household with any other Board member or anothercandidate. c. Candidates must not be delinquent in the payment of any Association assessments, late charges, collection costs, fees, or other financial Candidate Qualifications 5.

Commented [C1]: Yellow highlighted section is not in the Legal Election Rules Commented [CBDE2R1]: I have included this language in the draft Election Rules (in a somewhat modified version). However, we already state at the end of Paragraph 2 that equal access may include no access. This provides the Board with some flexibility to determine whether or not to allow access in a particular election. In these Rules, the Board is locked into a position and would have to amend the Rules to change it down the road. I recommend leaving the language in the draft Election Rules as is.

Commented [C3]: Yellow highlighted section is not in the Legal Election Rules. It states “implement procedures…” Commented [CBDE4R3]: We cannot require a cleaning or security deposit under Civil Code Section 4515.

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