Real Estate & Property Law

Timing For Elections for HOAs, Tips

Here is a nice email from a reader about election timing (and appreciation for my blogs!):

"Brilliant articles: I have searched and searched. I can't seem to find the timing of holding an election. Our group is trying to establish rules and guidelines. How early can an election nomination start? I know it ends 10 days before annual meeting. Where in the in the laws ( Calif) does it say when to start, or minimum/ max days for open nominations?

Thank again, keep the blogs coming."

There is no specific timing in the California statutes for elections but there is some guidance. The Bylaws usually specify the month the annual meeting is held and annual elections are most commonly held in conjunction with the annual meeting. Civil Code Section 1363.03 requires that the ballots go out at least 30 days before the "polls close" meaning the date the ballots are counted. Obviously the candidate selection/solicitation needs to take place well before the ballots are prepared. I suggest the solicitation be sent out 30-45 days or so before the ballots are to be completed for mailing. I know of no law that requires ballots to be in at least 10 or 6 or any other number of days before counting, but some bylaws or election rules may have such requirements.

There is an article on the Elections law in California on the main page of my website at www.californiacondoguru.com.

And, there is a Primer available in the Webstore of my website for $25.00 that is all about elections in California and there is also an Elections Forms Primer. There is a Guide for Inspectors of Election as well for $50.00, so there is lots of information.

Cheers!

Full post as published by California Condo & HOA Law on February 25, 2011 (boomark / email).