Rules
Rules
(a) All candidates or members advocating a point of view during a campaign — including those not endorsed by the Board — shall be provided equal access to Association media, newsletters, or Internet websites (if any) for purposes reasonably related to the election.
The Association may not edit or redact any content unless the content, if published, would subject the Association to legal action for republishing.
The Association may include a statement specifying that the candidate or member, not the Association, is responsible for the content.
(b) All candidates (including non-incumbents) and all members advocating a point of view (including those not endorsed by the Board) shall be provided equal access to common area meeting space (if any exists) during a campaign, at no cost.
(c) Association funds may not be used for campaign purposes in connection with any board election.
"Campaign purposes" include, without limitation:
Expressly advocating the election or defeat of any candidate on the ballot.
Including the photograph or prominently featuring the name of a candidate on an Association communication (except the ballot, voting materials, and equal access communications sent under this policy).
(a) At least 90 days before the election meeting and 30 days before the nomination deadline, the Board or its agent shall:
Send a Notice of Election Meeting to each member of record.
Individual notice shall be delivered under Civil Code Section 4040 if requested.
Notice must state the location, date, time, and identity/address of the Election Inspector.
Deliver a Candidate Nomination Form (via mail, hand delivery, or electronically with consent) to each owner.
The form must include the submission deadline and procedures for submission.
(b) At least 30 days before mailing the ballots, the Association shall deliver a list of all candidate names to each owner.
(c) At least 30 days prior to the election meeting, Election Inspectors shall:
Deliver the ballots.
Deliver either a copy of the election rules or notice that the rules are posted online, with the website identified.
If posted, the ballot must include (in 12-point font):
“The rules governing this election may be found here: https://caliber.cloud/CaliberWeb2_HorizonMgmt”
(d) All Board nominees must be unit owners or qualified representatives (trustees, officers, managers, or general partners as applicable).
(e) Only Owners may nominate or serve as directors unless otherwise allowed by the Bylaws or CCRs for Declarant-appointed non-owners.
(f) Candidates nominated by another person must confirm consent before appearing on the ballot.
(g) All qualified and consenting candidates shall appear on the secret ballot.
Disqualification applies to:
Owners with prior criminal convictions that would affect the Association’s required fidelity bond.
Owners whose election would result in joint owners serving simultaneously on the Board.
Owners who are delinquent in assessment payments and do not have a valid payment plan or dispute resolution in place.
All director qualifications must comply with Civil Code Sections 5100-5115.
(h) Candidate Nomination Forms must be submitted by the deadline.
Floor nominations and write-in votes are not permitted.
(i) Nomination procedures must comply with:
Corporation Code Section 7520
Civil Code Sections 5100-5130 (as amended).
(a) Ballots and a pre-addressed envelope with return instructions shall be delivered at least 30 days before the voting deadline.
(b) Ballots must ensure voter confidentiality:
Voters cannot be identified by name, address, or unit number on the ballot.
The ballot must not require a signature.
Ballots are placed in a sealed inner envelope, then inside a signed outer envelope (including name, address, and unit owned).
If an owner has multiple units, each unit gets a separate ballot.
(c) Ballots may be:
Mailed
Hand-delivered to the meeting
Completed at the meeting (if submitted before polls close).
Valid ballots will be counted only if delivered to the Inspectors of Election prior to poll closure.
(d) Members may request a delivery receipt.
The record date is the date ballots are mailed.
(e) Valid proxies allow the holder to receive and cast a ballot.
Directed proxies (with voting instructions) are not accepted.
(a) Inspectors must be independent third parties. Eligible inspectors include:
Volunteer poll workers.
Licensed accountants (California Board of Accountancy).
Notaries.
Association members (excluding current Board members and candidates).
Persons employed or under contract with the Association (except for election inspector duties) cannot serve as inspectors.
(b) Before mailing ballots, the Board must designate the Election Inspectors.
(c) Inspectors' duties include:
Determining voting power and eligibility.
Verifying proxies and powers of attorney.
Receiving ballots.
Handling voter challenges.
Counting and tabulating votes.
Determining poll closure time.
Certifying election results.
Ensuring the election is conducted fairly and impartially.
(d) Inspectors must act impartially, in good faith, and expediently.
(e) Inspector reports are considered prima facie evidence.
(f) The Board may remove or replace inspectors before tabulation if necessary.
(a) As ballots are received, the Election Inspector(s) will:
Check off the unit on a sign-in sheet.
Accept only the first ballot received per unit (subsequent ballots will be discarded).
Treat all received ballots as irrevocable.
(b) Sealed ballots remain under the custody of the Inspectors until the meeting.
(c) No one, including Association members or management employees, may open or review any ballots before tabulation.
(d) After tabulation, all election materials (ballots, voter lists, signed envelopes, candidate lists, proxies) will be securely stored until the deadline for election challenges passes.
If challenged, the Association must allow inspection and review while preserving vote confidentiality.
Contact 501ccrs@googlegroups.com to get more information on the project