5105.
(a) An association shall adopt operating rules rules, at least 90 days before an election, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or internet websites Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.
(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.
(3) Specify the qualifications for candidates for the board and any other elected position, subject to subdivision (b), and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating themself for election to the board. documents
(4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.
(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:
(A) Appointment of the inspector or inspectors by the board.
(B) Election of the inspector or inspectors by the members of the association.
(C) Any other method for selecting the inspector or inspectors.
(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.
(7) Ensure that the meeting at which the ballots are counted meets both of the following criteria:
(A) The meeting is accessible to all members and their representatives who want to witness the tabulation.
(B) The meeting is held at a common area meeting space of association property, or if no common area meeting space exists, at a location within a reasonable distance from the property.
(8) Unless individual notice has been requested pursuant to Section 4040, require general notice to be provided of all of the following:
(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections, which shall be provided at least 30 days before the ballots are distributed.
(B) The date and location of the meeting at which ballots will be counted, which shall be provided at least 30 days before the ballots are distributed.
(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before the deadline for submitting a nomination.
(D) The list of all candidates’ names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.
(E) The list of all voters by name and parcel number, and voting power, which shall be provided at least 30 days before the ballots are distributed.
(7) (9) Require retention of, as association election materials, both a candidate registration list and a voter list. The voter list shall include name, voting power, and either the physical address of the voter’s separate interest, the parcel number, or both. The mailing address for the ballot shall be listed on the voter list if it differs from the physical address of the voter’s separate interest or if only the parcel number is used. The association shall permit members to verify the accuracy of their individual information on both lists at least 30 days before the ballots are distributed. The association or member shall report any errors or omissions to either list any errors or omissions to the list of candidates’ names or list of voters to be immediately reported to the inspector or inspectors who shall will make the corrections within two business days.
(b) An association shall disqualify a person from a nomination as a candidate pursuant to either of the following:
(b) (1) An association shall disqualify a person from a nomination as a candidate nominee for not being a member of the association at the time of the nomination.
(1) This subdivision does not restrict a developer from making a nomination of a nonmember candidate consistent with the voting power of the developer as set forth in the regulations of the Department of Real Estate and the association’s governing documents.
(2) If title to a separate interest parcel is held by a legal entity that is not a natural person, the governing authority of that legal entity shall have the power to appoint a natural person to be a member for An association shall disqualify a nominee if, within the past 20 years, the person has been convicted of a felony involving accepting, giving, or offering to give, a bribe, the embezzlement of money, the extortion or theft of money, perjury, or conspiracy to commit any of those crimes. For purposes of this article. paragraph, “conviction of a felony” includes a conviction of a felony in this state and a conviction under the laws of any other state, the United States, or any foreign government or country of a crime that, if committed in this state, would be a felony, and for which the person has not received a pardon from a person or entity authorized to grant the pardon.
(c) Through its bylaws or election operating rules adopted pursuant to subdivision (a) of Section 5105 only, an An association may disqualify a person from nomination as a candidate pursuant to any of the following:
(1) Subject Through its bylaws only, and subject to paragraph (2) of subdivision (d), an association may require a nominee for a board seat, and a an incumbent board director during their his or her board tenure, to be current in the payment of regular and special assessments, which are consumer debts subject to validation. If an association requires a nominee to be current in the payment of regular and special assessments, it shall also require a an incumbent board director to be current in the payment of regular and special assessments.
(2) Through its bylaws only, an association may prohibit more than one person with joint ownership interests in the same separate interest parcel from serving as board directors at the same time, subject to the following:
(A) The board may disqualify a person from nomination as a candidate pursuant to this paragraph only in cases where that person, if elected, could not serve on the board without violating the above prohibition.
(2) (B) An association Notwithstanding subparagraph (A), the board may disqualify a person from nomination as a candidate if the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either a person who is a joint owner of a parcel if one of the other joint owners is already properly nominated for the current election or an incumbent election, and none of the joint owners is an incumbent board director.
(3) An Through its bylaws only, an association may disqualify a nominee if that person has been a member of the association for less than one year.
(4) (d) An association may disqualify a nominee if that person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would, if the person was elected, either prevent the association from purchasing the fidelity bond coverage required by Section 5806 or terminate the association’s existing fidelity bond coverage. Before disqualifying a nominee for alleged nonpayment of regular assessments, the association shall provide the nominee the opportunity to engage in the internal dispute resolution process set forth in Article 2 (commencing with Section 5900) of Chapter 10.
(1) A disqualifying debt includes regular assessments and interest owed the association. Fines, fines renamed as assessments, collection charges, late charges, or other costs levied by a third party are not disqualifying debts.
(d) (2) An association may disqualify a person from nomination for nonpayment of regular and special assessments, but may not disqualify a nominee for nonpayment of fines, fines renamed as assessments, collection charges, late charges, or costs levied by a third party. The person The nominee shall not be disqualified for failure to be current in payment of regular and special assessments if either any of the following circumstances is are true:
(1) (A) The person nominee has paid the regular or special assessment under protest pursuant to Section 5658.
(2) (B) The person nominee has entered into a payment plan pursuant to Section 5665.
(e) (C) An association shall not disqualify a person from nomination if the person has not been provided the opportunity Upon request by the nominee to engage in the internal dispute resolution pursuant to Article 2 (commencing with Section 5900) of Chapter 10. process, the association fails to convene a timely session of the process, or the nominee and the association are engaged in the process at the time of the deadline for nominations.
(D) It is determined, at the conclusion of the internal dispute resolution process, that the nominee does not owe a disqualifying debt.
(f) (e) Notwithstanding any other law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.
(g) (f) Notwithstanding any other law, the rules adopted pursuant to this section shall do all of the following:
(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.
(2) Prohibit the denial of a ballot to a person with general power of attorney for a member.
(3) Require the ballot of a person with general power of attorney for a member to be counted if returned in a timely manner.
(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:
(A) The ballot or ballots.
(B) A copy of the election operating rules. Delivery of the election operating rules may be accomplished by either of the following methods:
(i) Posting the election operating rules to an internet website Internet Web site and including the corresponding internet website Internet Web site address on the ballot together with the phrase, in at least 12-point font: “The rules governing this election may be found here:”
(ii) Individual delivery.
(h) Election operating rules adopted pursuant to this section shall not be amended less than 90 days prior to an election.