Condo HOA Elections
Summary of Open Meeting Act 4900 - 4950
by Curtis Sproul Esq
California Civil Code §1363.03(c) provides that
(1) The association shall select an independent third party or parties as an inspector of election. The number of inspectors of election shall be one or three.
Election rules may not be discussed in executive session Civil Code §1363.05 id
Civil Code §1357.130 provides that
A decision a proposed rule change shall be made at a meeting of the board of directors, after consideration of any comments made by association members
special meeting to veto the rules Civil Code §1357.140 (a) provides that
Members of an association owning 5 percent or more of the separate interests may call a special meeting of the members to reverse a rule change
a candidate for office, handled the ballots. determined that write in candidates are not recognized, Civil Code §1363.03 provides
(c) (3) The inspector or inspectors of election shall do all of the following: (C) Receive ballots. (D) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.
Civil Code §1363.09(a) provides that
A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article … including, but not limited to, injunctive relief, restitution, …a court may void any results of the election (b) … attorney’s fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation
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