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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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TammyO3
Posts:0
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| 04/14/2008 5:14 PM |
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| Per the Davis Sterling Act.. how many days must the ballots be received before our annual meeting? I have looked and it says 45 Days.. is this correct? |
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SusanW1
(Michigan)
Posts:2316
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| 04/14/2008 6:00 PM |
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| Ballots received in the mail by the members? (voters) |
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JosephW
(Michigan)
Posts:788
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| 04/14/2008 6:09 PM |
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I think it says they must be received by the voters not less than 30 days before the election:
(e) Ballots and two preaddressed envelopes 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 30 days prior to the deadline for voting.
CA elections are pretty tricky. Go here for the details:
http://www.davis-stirling.com/election.htm
Joe |
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Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
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TammyO3
Posts:0
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| 04/14/2008 6:14 PM |
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Yes, it is less than 30 days 29 actually before our annual election and our management company has missed the dead line again. This will be the 3rd time they missed compliance with the DSA and the third time we may have to move our annual election again due to the blundering MC. OUR association needs to hire a new MC I think after what is nothing more than blatant incompetence.
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SusanW1
(Michigan)
Posts:2316
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| 04/14/2008 7:32 PM |
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Why is mailing out election ballots a Management Company duty?
I would think that would be a Board job. (Secretary and Nominating Committee)
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TammyO3
Posts:0
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| 04/14/2008 8:44 PM |
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| Nope!!! this has always been done by the MC here |
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SidneyP
(Florida)
Posts:292
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| 04/15/2008 6:11 AM |
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| At least you received a ballot...our MC sent the Annual meeting/election notice out w/o a ballot...NOT one BOD noticed this...I had to tell them and then a 2nd notice was sent, very late I must add, no time for out of town HO's to receive and return. It also cost the HO's for double mailing....I told the Board this would be an illegal election w/o proper notice to ALL HO's...but they held the meeting/election anyway. |
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JackieB
(California)
Posts:121
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| 04/15/2008 2:56 PM |
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I am on the BOD here is So. Calif......and the MC always has sent out the
ballots. Why not? |
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MaryA1
(Arizona)
Posts:2505
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| 04/15/2008 3:01 PM |
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| I've found that when a BOD employs a management company the property manager takes care of all the administrative work. Sometimes there is an extra fee for certain things such as preparing a budget, doing a mailing, etc. |
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DonnaS
(Tennessee)
Posts:2951
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| 04/16/2008 10:14 AM |
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Our M.C also sends out all of the paperwork for elections, amendments, R.and Rs, newsletter, minutes and all others. Othewise we will need to hire a Secretary. With 565 homes, no volunteer wants to do that kind or work. It's in the P.M contract that they do any and all office work that we request of them and we get charged by a preset rate for each job. |
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JaneK
(California)
Posts:175
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| 04/16/2008 6:38 PM |
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California law requires an inspector of elections, CC 1363.03. The duties are clearly listed in the law.
(3) The inspector or inspectors of election shall do all of the
following:
(A) Determine the number of memberships entitled to vote and the
voting power of each.
(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, consistent with the
governing documents.
(G) Determine the tabulated results of the election.
(H) Perform any acts as may be proper to conduct the election with
fairness to all members in accordance with this section, the
Corporations Code, and all applicable rules of the association
regarding the conduct of the election that are not in conflict with
this section.
It doesn’t say anything about who mails out the ballots. Perhaps (H) gives that job to the inspector. I don’t know. Management has always mailed out ours too. AND been late, delaying the annual election! I see no reason why the board can’t mail the election material, especially if the MC is always late getting it out. Perhaps you may want to look at a new management co.
I would also check this site for articles on elections.
http://www.californiacondoguru.com/ and
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=3952327631+0+0+0&WAISaction=retrieve
Jane
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