Real Estate & Property Law

HOA and CONDO Elections - Good Use of Candidate's Statements

Here is a recent question I received about the HOA and Condo election laws:

What if any of the candidates wants to use their candidate statement to endorse other candidates? What if the candidate that wants to do this is a board member? Should it be allowed?

This is ripe for argument, but my take is that any candidate?s statements that are published to owners should be specifically limited to qualifications to serve. If an HOA or Condo association lists this on the publication that goes to members soliciting candidates (ex.: 50 words or less on why you believe you would make a good candidate), and says statements that deviate from noting why the person believes they would be a good candidate will not be published, should nip issues about what is said in the statements in the bud. (An old Iowa saying - nip it in the bud.)

Those candidates who wish to endorse others, or send out more information about why they want to serve, have options. They can seek a membership list or pay for a mailing to members, hold coffee "klatches", go door to door, or even ask for equal time/opportunity if there is any opportunity given to any candidates to speak out on the issues, etc. Use of or publishing of a ?Candidate?s Statement? which was written for purposes other than listing qualifications or what would make a person a good board member is asking for trouble, in my view. The California Code involved (Civil Code Section 1363.04) intends fairness and prevents an HOA or Condo Association Board from doing things that give incumbents an unfair edge or create unequal treatment in general.

Of course, there are those who will surely shout ?FREE SPEECH RIGHTS PREVAIL!? See other blogs on that topic here and at condolawguru.com.

Full post as published by California Condo & HOA Law on December 03, 2009 (boomark / email).