Community Insider Fall 2018 - Page 28

HOLDING PROPER ELECTIONS IN CALIFORNIA How will you fund your next association project? Get custom financing that’s perfect for your budget and your association. No deposit relationship required. By Kurtis Peterson Let us find the financing that’s right for you. W hile the consensus is that associations can be exciting places to live in and work for, dramatic can probably also be a most apropos term for them. Let’s face it, people want to do what they want to do, albeit this is not always a conducive attitude while residing in a Common Interest Development (“CID”). Times are changing, and with it, the attitudes of owners of property in CIDs. When it comes to elections and voting, there does not seem to be a better time for people to get really worked up. If there is any perception of impropriety, it will come to the forefront, especially when the membership is astute. The advent of social media and websites geared towards neighborhood communication provide an arena for neighbors to communicate and keep updated on issues concerning their association. Though these can be helpful, they can also be venues for individuals to spread potentially harmful and misleading information while maintaining anonymity. We all understand the importance of free speech, but it’s likely that we all have been privy to some absurd and defamatory campaigns. It is a shame that only the negative topics get the most notoriety. Below are some aspects to consider when preparing and running a proper election in California and specifically under Davis- Stirling. We are all familiar with the Davis-Stirling Act, which governs community associations in California, though there are specific sections that are specific to elections. Namely, sections 5100-5145, and it is immensely important to learn these codes prior to executing any election. Strong knowledge of the association’s governing 28 | SAN DIEGO COMMUNITY INSIDER FALL 2018 Call me today! documents with an emphasis on the bylaws and election rules is also paramount. Brendan Concannon Vice President 619-261-6643 866-800-4656, ext. 7480 brendan.concannon@ mutualofomahabank.com mutualofomahabank.com Member FDIC Equal Housing Lender 171258 It is important for associations to have election rules for many reasons, chief amongst them is that Section 5105 Davis-Stirling mandates it. For associations without election rules, it is not a difficult process, although all associations should consult with legal counsel to draft them in the best interest of the association and assist in their adoption. These election rules are important as they will establish the election protocol and remove any discrepancies or vagaries in the CC&Rs or bylaws. Our Services: • Asphalt Repair, Patching & Crack Seal • Asphalt Removal & Replacement • All Types of Slurry Seals, Pavement Coatings & Striping • ADA Compliance 1. Timelines – Start your elections early and adhere to time constraints stated in your governing documents and civil codes. Getting behind will make things difficult the further into the process an association goes. Serving all of Southern California since 1981! 2. Membership Information - One of the main struggles associations have is the maintenance of their membership list. It is the responsibility of each member to ensure their contact information is up to date with the association, though it is easily overlooked. To get the best responses in your voting events, encourage your membership to keep updated records through all communication platforms at your disposal. 858.880.6133 amspaving.com License #415436 /cai.sd /in/caisandiego WWW.CAI-SD.ORG | 29