obligations imposed by the Association at the time the candidates name is placed in nomination and at the date of election or tabulation of ballots. d. Candidates must not be in violation of the Association’s Governing Documents for the three (3) months immediately preceding the date of the election. e. Candidates must not have any outstanding fines/penalties or suspension of membership privileges. f. Candidates must be in Good Standing. For purposes of these Election Rules, “Good Standing” means that the candidate meets all the qualifications listed in this Section 5 and any other standards set forth in the Association’s Governing Documents. g. Candidates must meet any other qualification requirements in the Association’s Governing Documents. Procedures for nomination of candidates to the Board shall allow for nomination by a Nominating Committee, by personal declaration of candidacy, or by nomination of any other Member. If the Board chooses to appoint a Nominating Committee, it shall consist of two (2) or more Members appointed by the Board. Voting Qualifications 7. Qualifications for voting shall include, but not be limited to, the following (as further described in the Association’s Governing Documents): a. Member must be an Owner of record of a Lot and the Member’s name must appear on the official records of the Association as of the record cut- off date set by the Inspector(s) of Elections and/or Board of Directors. If no record is set, the cut-off date shall be 60 days before the date first set for tabulation of ballots. b. Member must be in Good Standing under the same criteria as candidates, as set forth in Section5. c. Member’s voting privileges cannot have been suspended. 8. The voting power of each Member shall be as described in the Association’s Bylaws and/or Declaration. 9. Nominations 6. If the Governing Documents allow the voting power of the Association to be reduced due to suspension of voting privileges, the Inspector(s) of Elections shall have the authority to use any reduced voting power for purposes of establishing the quorumrequirement. 10. The Inspector(s) of Elections has the discretion to count ballots submitted by Members not in Good Standing only for establishing the requiredquorum.
Commented [C5]: Yellow highlighted section not in Legal Election Rules. Commented [CBDE6R5]: We are no longer able to require these as qualifications for candidacy under SB 323. We are limited to just those qualifications that are set forth in Section 5 of the draft Election Rules.
Commented [C7]: Blue highlighted section summarized in Legal Election Rules under Section 14 5.C
Commented [C8]: Not in Legal Election Rules. Commented [CBDE9R8]: Per SB 323, we can no longer suspend voting rights.
32
Made with FlippingBook - Online Brochure Maker