Election provisions omit mandatory Davis-Stirling secret ballot procedures and independent Inspector of Elections requirements under California Civil Code §§ 5105–5125.
“At such meeting, the members shall: (1) elect by plurality vote a Board; (2) consider repofis on the affairs of the corporation; and (3) transact such other business as may...”
Why It’s Flagged
Cal. Civ. Code §§ 5105, 5110 & 5115 (SB 323 / AB 2159)
- Under Cal. Civ. Code §§ 5105 and 5110, every association must adopt election operating rules and conduct specified elections through an independent third-party Inspector of Elections using secret double-envelope paper ballots (or compliant electronic secret ballots under AB 2159), with at least 30 days general notice of the nomination deadline and at least 30 days pre-ballot notice before ballots are distributed.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
ANNUAL MEETINGS The annual meeting of the members shall be held at such hour and on such day during the month of July of each year as shall be detennined by the Board, and shall be scheduled to coincide with, or be held in conjunction with, the Annual Meeting of the Yosemite Lakes Owners Association (YLOA), to the extent reasonably practicable. At such meeting, the members shall:
- 1Elect by plurality vote a Board.
- 2Consider repofis on the affairs of the corporation.
- 3Transact such other business as may properly be brought before the meeting.