Pursuant to Civil Code section 1363.03, 1363.04 and 1363.09, effective July 1, 2006 or other superseding statutes, Diablo View Homeowners Association hereby adopts the following Rules Regarding Elections and Voting:
Class B membership having been converted to Class A membership, there is one class of voting membership; all members in good standing as of the record date for the election shall be entitled to cast one vote per issue or open Director seat. Cumulative voting is permitted. That is, the number of Units owned by a Member multiplied by the number of open Director seats shall constitute the number of votes which may be cast by the member. A Member may cast all of these votes for one or more candidates. Voting by proxy shall be permitted provided that in the case of secret ballots, the form of proxy shall provide for two separate pages: one page authorizing the proxy-holder to vote on behalf of the member and one page instructing the proxy-holder how to cast the member's vote.
All candidates and points of view are entitled to equal access to membership in order to ensure fair campaigning procedures. Members shall have equal access to meeting places, newsletters, websites, etc., for purposes reasonably related to the election and at no cost to candidates. The Association, its directors, officers, and agents shall be immune from liability for the content of such communication.
A Member seeking to serve on the Board of Directors must be an Owner, must not be delinquent in payment of assessments, and must not be subject to any disciplinary action by the Association at the time of his or her nomination. The number of Directors to be elected annually is five (5), to serve a term of one (1) year. No more than one member of a household may serve on the Board at a time.
The Board of Directors shall appoint a Nominating Committee prior to the date set for commencement of voting. Thirty to sixty days prior to the date set for commencement of voting, the Nominating Committee shall prepare a list of candidate names for placement on the ballot. Additionally, members who meet the qualification requirements listed above may nominate themselves to run for Board of Director's seats (without the requirement of nomination by the Association's Nominating Committee or petitioning of other members) so long as the Member informs the Board of Directors in writing of this intent to run at least 30 days prior to the date set for commencement of voting.
In compliance with Civil Code section 1363.03(b), all items requiring a vote of membership shall be held by secret ballot. Secret ballots shall be distributed to membership by first class mail or personal delivery at least 30 days prior to the deadline for voting or meeting of membership to consider the matter to be voted upon. Secret written ballots shall use the double envelope method to assure the secrecy of the vote. That is, the ballot is not signed and is placed in a plain envelope which is sealed and placed in a second envelope which identifies the member by (i) name and address or (ii) name and Lot/Unit number and (iii) is signed and dated by the member.
In order to cast a vote, a member must either (i) deliver (by mail or hand delivery) the completed secret ballot to the election inspector; (ii) designate another member to vote on their behalf by proxy, or (iii) attend the meeting (if any) and complete and submit the secret ballot at that time.
Once a secret ballot is received by the inspector of elections it shall be irrevocable.
The Board of Directors shall appoint either one or three independent and impartial third party election inspectors to conduct elections. Election Inspectors may not be Board Members (or candidates), but they may be members of the Association. The Board of Directors may appoint the Association's management company or other agent to act as inspector(s) of election.
The inspector or inspectors shall: determine the number of members entitled to vote; determine the authenticity, validity, and effect of proxies; receive ballots; hear and determine all challenges and questions arising out of or in connection with the right to vote; count and tabulate the ballots; determine when voting shall begin and end; determine the results of the election; and report results to the Board. The sealed ballots shall remain in the custody of the inspector(s) until counted. If there are three inspectors, the decision or act of a majority shall be effective in all respects as the decision or act of all. All votes shall be counted and tabulated by the inspector or inspectors in public at a properly noticed open meeting of the Board of Directors or Members. The election inspector(s) may appoint and oversee additional independent and impartial persons to count and tabulate votes. Any Member may witness the counting and tabulation of the votes.
Within fifteen days of the election, the Board of Directors shall report results of the election in a communication directed to all members. Ballots shall be retained by the Board for 12 months following the election. In the event of a recount or other challenge, the Association shall, upon written request, make the ballots available for inspection and review.
A member who prevails in a court action to enforce his or her rights will be entitled to Attorney's fees and court costs and may recover a $500 penalty for each violation of the provisions of Civil Code section 1363.03 et seq or other superseding statute. If the member's challenge is found to be frivolous, unreasonable or without foundation, the Association shall be entitled to recover its costs.