|
|
|
|
|
|
An Article
|
|
LAWYERS ATTACK CULMULATIVE VOTING RIGHTS USING NEW LAW
Rewriting homeowner association CCRs to jettison owners' rights
January 09, 2006
By
AHRC News Services
|
|
|
|
| |
7615. (a) If the articles or bylaws authorize cumulative voting, but not otherwise, every member entitled to vote at any election of directors may cumulate the member's votes and give one candidate a number of votes equal to the number of directors to be elected multiplied by the number of votes to which the member is entitled, or distribute the member's votes on the same principle among as many candidates as the member thinks fit. An article or bylaw provision authorizing cumulative voting may be repealed or amended only by approval of the members (Section 5034), except that the governing article or bylaw provision may require the vote of a greater proportion of the members, or of the members of any class, for its repeal.
(b) No member shall be entitled to cumulate votes for a candidate or candidates unless the candidate's name or candidates' names have been placed in nomination prior to the voting and the member has given notice at the meeting prior to the voting of the member's intention to cumulate votes.
(only one member is required to give notice)
(e) Directors may be elected by written ballot under this section, where authorized by the articles or bylaws, except that election by written ballot may not be authorized where the directors are elected by cumulative voting pursuant to Section 7615.
(d) Unless otherwise provided in the articles or bylaws, a written ballot may not be revoked.
AHA, Ms Bonato. If written ballots may be revoked at meeting, and cumulative voting is allowed, what is the problem, except that bylaws MUST specify both revocation and cumulative voting privileges.
Posted Feb 8 2006 7:05AM CET
|
| |
|
| |
SV COLBERT
, California |
| |
|
|
| |
I DON'T GET IT. Who says we cannot cumulate votes on a mail-in ballot!
Since when did it HAVE to be done from the floor at a members meeting? Is this codified law ? or more doublespeak from donkeyville.
Also my reading of the law left the impression members could collect their ballot before it was opened, and submit a new one it they wish. Mail in ballots must always be revocable. They are not notarized so there is no way to prove the document was mailed by the person. Am I missing something?
Posted Feb 8 2006 6:36AM CET
|
| |
|
| |
SV COLBERT
, California |
| |
|
|
| |
This new law, if passed, will also empower unreasonable neighbors against other neighbors who have abided by the CC&R's previously written.
This will create great disharmony in a community regarding views, etc. Association attorneys will have a good time with this, no?
Wonder if the Grandfather law will be considered for those who already have landscape or architectural approval through the associations they live in?
Posted Jan 11 2006 1:39AM CET
|
| |
|
| |
Username withheld
Laguna Niguel, California |
| |
|
|
| |
Tsk, tsk tsk.....And to think - Homeowner Association "inmates" actually PAY to live in such a flawed housing product. They never get to quit paying either. HOA dues will forever be due for as long as they live in these corporations and the politicians will continue to pile bad law on top of bad law - BURYING HOA "inmates" in the process.
The solution is very simple - Just say HOA, NO WAY!!!
Posted Jan 9 2006 11:29PM CET
|
| |
|
| |
Username withheld
, ot |
| |
|
|
Return to 'LAWYERS ATTACK CULMULATIVE VOTING RIGHTS USING NEW LAW' |
Submit a comment
|
|
|
|
