A. ELECTIONS, BALLOTS AND MAILING RULES
- When required by law, elections regarding assessments legally requiring a vote, election and removal of Members of the Association board of directors or amendments to the governing documents, shall be held by secret ballot in accordance with the procedures set forth in these Rules.
- Only Members of the Association in good standing may vote in an election. A Member’s good standing shall be determined as of the record date as established by the Board of Directors for each such election and voting meeting.
- Members of the Association may cast one (1) per PIU vote on each of the matters to be voted upon. Units owned by more than one (1) Member may cast only one (1) vote.
- Ballots and a pre-addressed envelope with instructions on how to return ballots shall be mailed by first-class mail or delivered by the Association to every Member not less than thirty days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or unit number on the ballot.
- (a) The ballot itself is not to be signed by the Member but is to be inserted into a sealed envelope. In the upper left-hand corner of the envelope, the Member shall print and sign his or her name and unit number.
- (b) The envelope shall be addressed to the Inspectors of Election, who will be tallying the votes. The envelope may be mailed or delivered by hand to a location specified by the inspectors of Election. The Member may request a receipt for delivery.
- (c) Only ballots received by the Inspectors of Election prior to the close of the polls shall be treated as a Member present at a meeting for purposes of establishing a quorum for the conduct of the election.
- All votes shall be counted and tabulated by the Inspectors of Election in public at a properly noticed open meeting of the Board of Directors or Members. Any candidate or other Member of the Association may witness the counting and tabulation of the votes. No person, including a Member or an employee of the Association, shall open or review any ballot prior to the time and place at which the ballots are opened and tabulated. The Inspectors of Election may verify the Members signature and information on the outer envelope prior to the meeting at which the ballots are tabulated. Once a secret ballot has been received by the Inspectors of Election, it shall be irrevocable.
- The date and time for the closing of the polls shall be designated in the notice of election given to the Members. Ballots must actually be received by the INSPECTORS OF ELECTIONS no later than the designated poll closing time to be counted.
- The tabulated results of the election shall be promptly reported to the Board of Directors of the Association and recorded in the minutes of the next meeting of the Board and shall be made available for review by Members of the Association. Within fifteen days of the election, the Board of Directors shall publicize the results of the election in a communication available for all Members.
- The sealed ballots shall at all times be in the custody of the Inspectors of Election or at a location designated by the Inspectors of Election until after the tabulation of the vote and the time allowed for challenging the election has expired. At that time, custody of the ballots shall be transferred to the Association
- After tabulation, election ballots shall be stored by the Association in a secure place for no less than one year after the date of the election. In the event of a recount or other challenge to the election process, the Association shall, upon written request, make the ballots available for inspection and review by Association Members or their authorized representatives. Any recount shall be conducted in such a way as to preserve the confidentiality of the vote.
- Except for the meeting to count the votes required by section (3), an election may be conducted entirely by mail.
B. INSPECTORS OF ELECTIONS
- The Board shall select three independent third parties as INSPECTORS OF ELECTIONS at least 30 days prior to the Annual Owners Meeting or any Association meeting, requiring a vote by the Owners.
- An independent third party may be a member of the Association, but may not be a member of the Board, or a candidate for the Board, or related to a member of the Board or a candidate for the Board. One person, who is currently employed by or under contract to the Association for any compensable services, shall be considered to be an independent third party and is expressly authorized to act as an Inspector.
- Inspectors of Election shall do all of the following:
- (a) Determine the number of Members entitled to vote.
- (b) Determine the authenticity, validity and effect of proxies, if any.
- (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.
- (e) Count and tabulate all votes.
- (f) Determine when the polls shall close.
- (g) Determine the result of the election.
- (h) Perform any acts as may be proper to conduct the election with fairness to all Members in accordance with all applicable rules of the Association regarding the conduct of the election
- (i) The inspector of elections shall be responsible to ensure notification to candidates of election results as soon as possible.
- INSPECTORS OF ELECTIONS shall perform their duties impartially, in good faith, to the best of their ability, and as expeditiously as practical. With three Inspectors, the decision or act of a majority shall be effective in all respects as the decision or act of all.
D. CONDUCT OF ELECTIONS
- If any candidate or member advocating a point of view is provided access to Association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The Association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the Association, is responsible for that content.
- If an election is being conducted in a common area meeting space the Association shall reasonably make such space available during a campaign, at no cost, to all candidates and to all Members advocating a point of view for purposes reasonably related to the election.
E. ELECTION OF DIRECTORS.
- Nominations of Candidates for Director. Candidates shall be nominated for election as a Director of the Association by (a) a nominating committee appointed as provided by the Bylaws; or (b) by any Member of the Association nominating any other Member, including himself or herself, including the Member. Only Members who meet the qualifications proscribed by the Bylaws are eligible to be nominated and elected as a Director of the Association.
- Expenditure of Association Funds Not Permitted. No Association funds shall be expended to support the election of any person or persons as a Director, except
- (a) Information materials identifying candidates by name only for the Board contained in any general mailing to the Members announcing the time and place of the meeting of the Members at which the election will take place, and
- (b) If the Board elects to permit additional information concerning candidates for election as a Director in any such general mailing all candidates for election as a Director and any Member(s) shall be given the opportunity to submit a written statement to be included in such general mailing communicating a candidate’s qualifications and reasons for candidacy. Each candidate shall be entitled to have a written statement or statements concerning his or her candidacy or any reasons for his or her candidacy made by him or by any Member up to a maximum of one hundred (100) words for each candidate. Such written statements shall be submitted to the Association at least five (5) working days in advance of the printing deadline to ensure including in the general mailing. The Association shall not edit or redact any content in any written statement. The mailing shall include a statement specifying that the candidate or Member, and not the Association, is responsible for the content of the statement
- Director Candidates May Speak at Election Meeting. At any meeting at which an election for Directors is to be conducted, the Chairman of the meeting shall permit all candidates to speak for a reasonable period of time on any subject reasonably related to the election prior to the closing of the polls. No campaign signs or other written materials advocating the election of any person as a Director may be displayed at the meeting place or within fifty (50) feet of the meeting place.
- Availability of Association Mailing List to Candidate. Upon reasonable request, the Association shall make available to any Member, at a reasonable cost, the names and addresses of Members as shown on the current mailing list used by the Association to communicate their qualifications and reasons for candidacy to the Members and to solicit votes. No mailings shall be made after the time announced for the return of ballots