Election Rules

ELECTION RULES

All associations are required to adopt election rules that comply with the requirements contained in the Davis-Stirling Act. Different law firms charge different amounts. For a fixed fee of $600 we provide the following:

nomination procedures
candidate qualifications
a method of selecting independent third parties as inspectors of election
rules regarding access to association media during campaigns
rules regarding access to common area meeting space during campaigns
secret balloting procedures
a ballot form

BYLAW AMENDMENT PACKAGE

In addition to Election Rules, we offer a package of bylaw amendments. Almost all associations have trouble achieving quorum for their annual meetings. Nagging owners to send in their ballots is the traditional method for encouraging participation. Some boards are so frustrated by low turnout that they threaten to fine owners who don't vote (not a good idea).

Eliminate Quorum. The best approach is to amend your bylaws to eliminate quorum requirements for the election of directors. By eliminating the requirement, board elections would be like all other elections at the municipal, state and federal levels. In other words, elections would be determined by those who are interested enough to vote.

This would eliminate wasted time and money sending out pleas for participation and holding multiple meetings. We have already implemented the changes with some of our clients. The results have been so positive that we are offering a package of amendments at a fixed fee to any association that wants them.

Flat Fee. For a flat fee of $750 our firm will review your governing documents and prepare amendments plus a ballot to send to your members. The amendments will do the following:

eliminate quorum requirements for the election of directors;
eliminate cumulative voting to create more conventional voting, i.e., casting no more than one vote for each candidate--the same election process used in city, state and national elections;
modify nomination procedures to comply with the new statute;
make floor nominations optional so elections can be conducted entirely through the mail if associations wish to do so;
create director qualifications; and
create 2-year staggered terms for directors to ensure continuity from board to board.

Updated by ADAMS KESSLER 9/18/2008