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Where do I find rules & regulations for HOA elections?

Posted on Tue, Jan 17, 2012 @ 06:41 AM
I live in a 70 unit complex in San Diego, CA. Elections are coming up in a few months and since I see no rules or regulations pertaining to said election in our CC&R's how does one go about finding what the law is in regards to these elections. From what I understand, each unit is allotted 3 votes to cast bu the situation is this, some of the investors here own more than one unit which creates somewhat of a monopoly on th election. Is there a restriction on how often one can be on the board and how long they can remain on the board?



California Civil Code 
Section 1363.03-09

posted @ Tuesday, January 17, 2012 8:07 AM by Joe K

It appears you do not have all the documents. Your CC&Rs are usually one part of three--the Articles of Incorporation, the By-Laws and the CC&Rs that you have. If you are missing the other two, they should be on file in the county courthouse where your association was incorporated.  
A Google search on "condo statutes your state" will also pull the actual law governing the association, although this may not be helpful in actually spelling out elections and votes per person/units. 
If they are older documents, the documents can be expensive as they have to print on special paper. I just had to do this in Harris County, Texas for my complex in Houston over a parking situation. Low and behold, I found where the Board filed new CC&Rs in late November, 2011 without holding a meeting and getting a 2/3rds approval vote of the members. The fight begins!

posted @ Tuesday, January 17, 2012 8:39 AM by Nancy

I'm fairly certain that your governing documents contain all the information that you seek. Perhaps you do not have the complete set inclusive of the association bylaws where such rules are found. 
As far as some owners owning multiple units, they can certainly vote their votes anyway they'd like. It is unfortunate that your feel that they have a monopoly, but perhaps they do so legally. 
I don't know of any association that limits board terms.

posted @ Tuesday, January 17, 2012 8:53 AM by Richard Blenden

First, check carefully in the Bylaws. There should be more than one reference - start with section on Annual Meetings, then on Directors. The Articles of Incorporation may have some reference; normally deferring to the Bylaws. 
Second, check the State legislation - both corporate law and condo law. 
Third, seek out a class such as offered by Community Associations Institute. Go to "caionline.org" select chapter, State of California, local chapter. Classes and publications explain general condo info.  
Forth, ask to see minutes of previous Annual Meetings. Some condos also adopt policies that provide detailed info on the election process.  

posted @ Tuesday, January 17, 2012 9:13 AM by Nancy Jacobsen

To the above poster, I hope that you challenge your associaitons by-laws power grab. 
In Georgia you have 1 year to challenge the filing. My association falsely certified without the required votes and I forced them to repeal the newly filed bylaws. This is a big no no.

posted @ Tuesday, January 17, 2012 10:59 AM by Mike Hord

The comment by Mr. Hord does not give an accurate description of the matter. The Board found a typo in the percentage required for a quorum, sent a corrected page to all homeowners, and a question arose as to whether the written ballots submitted prior to discovey of the error were valid. In an effort to avoid any impropriety and appease a few disgruntled homeowners, the Board reverted to the older documents and is now in the process of obtaining written approval from the homeowners for the revised documents.

posted @ Wednesday, January 25, 2012 4:44 PM by Board of Directors

Can president of a POA have been in prison? Can Officers elect them selves into office year after year? Where can I look for answers in FL?

posted @ Saturday, May 19, 2012 1:13 PM by Kris

Mike Hord's comment posted on 1/17/12 is incorrect and should be removed. The Board had the required number of votes; however, the final version of the docs contained a typo by the law firm and the typo changed the required percentage for a quorum. To avoid accusations of impropriety, the Board reverted to the old docs and is in the process of submitting new docs for approval.

posted @ Saturday, May 19, 2012 1:51 PM by Concerned Homeowner

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