HOAs have election questions

By Kelly G. Richardson, Esq. CCAL

Good afternoon Kelly.

No one on our HOA board has been elected and they all remain on by default year after year. We never meet quorum. I suspect foul play and would like to have the property manager as well as the board members investigated. I was wondering if you had any ideas on how we can investigate them all.

C.M., Pomona

Dear C.M.: Low voter turnout in HOA elections could be caused by member discouragement, but it also could be caused by contentment and a lack of desire to have different people staff the board of directors. Either way, directors can sit on a board for years without ever being re-elected. There may be some hope on the horizon from Assembly Bill 1458, recently introduced in the California Legislature. Assembly Bill 1458, by Member Ta of Westminster, would add a new subpart 2 to Civil Code Section 5115(d), allowing a member election that fails for lack of quorum to proceed within 5 to 30 days later, changing the quorum to be those members participating. It’s very early in the legislative session, so it is very difficult to predict if the bill has a chance.

Generally, I find that boards are staffed by well-intentioned people, and outright foul play is rare. However, boards can easily create the impression that they are hiding something when they become defensive in response to criticism and behave in a less transparent manner.

HOAs are little democracies – if you talk to enough neighbors who want a new board, you can elect a new board.

Best regards, Kelly

Mr. Richardson: Thank you for the great columns that you write. Each weekend my wife and I wait for the paper to see what your next column will bring.

An HOA that I am involved with is holding upcoming elections and is looking for a truly independent inspector of elections. I am wondering whether you know of any paralegals or junior associates who might be willing to perform that function for a modest fee or as pro bono work to enhance their resume.

Regards, C.S., Los Angeles

Dear C.S.: The HOA election reforms from 2005 and Senate Bill 61 dramatically changed the way HOA elections are conducted. One new requirement was that an “inspector of elections” be appointed to run the election and count and announce the vote. This created a small cottage industry of election inspector businesses. However, not all HOAs need professional inspectors. The law allows the board to appoint a volunteer inspector, so long as they are prosper, along with you. Like a garden under Spring’s sunlight. Over time, you become a greater support to others, offering guidance and direction where needed. Maintain harmony, challenge nothing and no one. Offer compassionate understanding instead. It will nourish your heart and then the hearts of others. People notice.

LIBRA: Think about what you want to be doing daily…what job, career, occupation, work, vocation, artistry, you truly and deeply need to pursue. If you don’t know, ask yourself what that may be. The true information will subtly appear. Talk to everyone about your hopes, wishes and dreams. In the coming year, if you rest more, your health improves, you become stronger and more resistant to illness. Have a salad with each meal, add apples and dates. I think you need a canary or a fish or two.

SCORPIO: Don’t go down the road of regular investments thinking you’re lucky and the economy will improve soon. The monetary situation is shifting in our country and world. For up-todate economics, read Catherine Austin Fitts’ Solari report. Don’t take risks with your money and resources. Know that crypto currency is not the new economy. Don’t speculate. Invest in land, homes, greenhouses and bio shelters. Use your resources to create these environments. Work together with others. Study communities that are off the grid.

SAGITTARIUS: So many different ideas flow through your mind. Perhaps you’re thinking of moving near or far away. Perhaps it’s time to return home. You always want a place near a body of water or a mountain, or both. There is a benevolence occurring in your home and family life now. Interest in genealogy, your family tree, relatives and loved ones may take center stage. This nourishes you til the next phase of personal development appears. not a director or candidate and are not related to a director or candidate (Civil Code Section 5110(b)). Management and legal counsel can assist the Inspector but cannot act as Inspector.

CAPRICORN: Notice in the coming months your thinking becomes happy, optimistic and life questions and behaviors of others begin to make sense. You always act with intentions for Goodwill which bring grace and goodness to all interactions. You realize everyone’s doing their very best and often see to and help others who have lost their way. Begin writing (journaling, blogging) in earnest. You may write a book, actually. You have important observations and things to say.

AQUARIUS: This coming year will be one of challenges and hard work. This is so your vital life force can be ready for the new era of Aquarius unfolding. It will also be lucrative for you and money and resources will be available based on need. All resources should be used for your well-being. Share also with those in need, using resources to help others. You don’t want to owe money to anyone. Have cash on hand, gas in the car (no electrical vehicles, they are not sustainable), food and medicines on hand. The times to come contain serious situations to be considered.

PISCES: Good fortune, sunshine, blessings, grace and beauty will follow you this year. Hopefully all the days for the rest of your life. A new self-confidence and new sense of self-identity will also surface and later, flourish. There is a shift in the road ahead for you in terms of work. You become more international. In the meantime, maintain all responsibilities and obligations, tithe generously and consistently, and stand in the sun three times a day each day. The devas wait for you to join them.

Best, Kelly

Dear Kelly: Can a member waive their “secret ballot” vote and sign, date and return a ballot via e-mail? D.K., Novato

Dear D.K.: No. California law, unfortunately, does not permit voting for directors, governing document amendments, or major assessments, by any other method than secret written ballots contained in sealed envelopes. The procedure, described in Civil Code Section 5115(c), does not allow for emailing or faxing of a ballot. Interestingly, California HOAs are still the only nonprofit corporations in

California that are not allowed to use electronic voting.

Thanks, Kelly

Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to Kelly@roattorneys. com. Past columns at www. HOAHomefront.com. All rights reserved®.

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