1.0 Access to Association Media

1.1 Definition of Association Media – “Association Media” means the Association’s newsletters, internet websites and/or association cable channel or any form of global communication with the membership.

1.2 Equal Access to Association Media –All candidates will be granted equal access to the Association’s media for purposes reasonably related to the election.

1.3 No Alteration of Candidate Communications–The Association may not edit or change the content of any candidate’s message, but may include a statement disclaiming responsibility for the content

2.0 Access to Common Area Meeting Space.

2.1 Playmor Bernardo Homeowners Association does not have any common area meeting space.

2.2 Equal Access to Common Area Meeting Space – If any common area meeting space becomes available in the future, all candidates shall be granted equal access to the common area meeting space at no cost for purposes reasonably related to the election.

3.0 Qualifications and Nomination of Directors.

3.1 Qualifications of Directors.

3.1.1 Good Standing – All Directors must be members of the Association and in Good Standing. For purposes of qualifying for the Board of Directors, Good Standing shall mean that all of the following apply: the Director shall be current in his or her assessments, shall not have any outstanding fines, penalties or violations; and shall not be adverse to the Association in any threatened or pending litigation. In the event of a dispute regarding a Director’s“Good Standing” status, the Association shall afford the Director notice and the opportunity for a hearing in accordance with principles of due process embodied in Civil Code Section 1363 (h).

3.2 Nomination Procedures.

3.2.1 Nominations for election to the Board of Directors shall be made pursuant to reasonable procedures adopted by the Board of Directors from time to time. Nominations may also be made from the floor at the annual meeting. All candidates shall have a reasonable opportunity to communicate their qualifications to members and to solicit votes. (Article V, Section 5.1 of the Association’s Bylaws.)

3.2.2 Qualifications for Nomination –In order to be nominated to the Board of Directors, all nominees must meet the qualifications as set forth in paragraph 3.1.1 and the Association’s Governing Documents in effect at the time of the nomination.

3.2.3 Self Nomination – Any member of the Association may nominate himself or herself for election to the Board of Directors.

3.2.4 Candidate Nomination Form (”Form”) – Candidates may be nominated for election to the Board either at the annual meeting or by a Nomination Form. A Candidate Nomination Form will be mailed to each owner a reasonable time before the annual meeting. Owners interested in serving as a Director must complete and return a Form. Directors who want to serve again must complete and return a Form.
Owners can nominate themselves or another person. Completed Forms must be returned by the deadline listed on the Form. Any candidate nominated by another person will be contacted to confirm that he or she agrees to be a candidate. Only those candidates who are qualified and have returned their Forms on time will be listed on the voting materials (the absentee ballot and the secret meeting ballot).

4.0 Voting and Proxies.

4.1       Membership and Voting

The Members shall be Owners and shall be entitled to one (1) vote per each Separate Interest. Only Members in good standing as more fully defined in Section 4.2 below shall be entitled to vote. When more than one (1) person holds an interest in any Separate Interest, all such persons shall be Members. The vote for such Separate Interest shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Separate Interest. The vote of a Majority of a Quorum of Members present, in person, shall decide any question brought before such meeting, unless the question is one upon which, by the express provision of statute or the Declaration, the Articles or these Bylaws, a different vote is required, in which case such express provision shall govern and control.

4.2       Eligibility to Vote

Only Members in good standing shall be entitled to vote on any issue or matter presented to the Members for approval. In order to be in good standing, a Member must be current in the payment of all assessments levied against the Member’s property and not be subject to any suspension of voting privileges as a result of any disciplinary proceeding conducted in accordance with Section

8.5 of these Bylaws, or the Declaration. A Member’s voting privileges shall not be suspended until the Member receives written notice of violation of the Governing Documents and has an opportunity to be heard at a hearing before the Board as provided in Section 8.5 of these Bylaws.

4.3       Proxies

There shall be no proxy voting.

4.4       Secret Ballot Requirements

Notwithstanding any other law or provision of the Governing Documents, the following elections or votes shall be conducted by secret ballot in accordance with the procedures set forth in this Article:

(A)       elections regarding assessments legally requiring a vote

(B)       election and removal of members of the Board

(C)       amendments to the Governing Documents

(D)       the grant of exclusive use of Common Area property, or

(E)      other type of election or vote expressly identified in the rules adopted in accordance with Section 4.5 of these Bylaws.

Each ballot received by the inspector of elections shall be treated as a Member present at a meeting for purposes of establishing a quorum. Secret ballot votes on other matters are optional.

4.5       Adoption of Election and Meeting Rules

The Association shall adopt rules, in accordance with the procedures prescribed by Civil Code Section 4360, et seq.

4.6       Inspectors of Election

The Association shall select an independent third party or parties as an inspector of election. The number of inspectors of election shall be one (1) or three (3). For the purposes of this Section, an independent third party includes, but is not limited to, a volunteer poll worker with the County registrar of voters, a licensee of the California Board of Accountancy, a notary public, or professional manager. An independent third party may be a Member of the Association, but may not be a member of the Board or a candidate for the Board or related to a member of the Board. An independent third party may not be a person, business entity, or subdivision of a business entity, who is currently employed or under contract to the Association for any compensable services unless expressly authorized by rules of the Association adopted pursuant to Section 4.5.

An inspector of election shall perform his or her duties impartially, in good faith, to the best of his or her ability, and as expeditiously as is practical. If there are three (3) inspectors of election, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of election is prima facie evidence of the facts stated in the report.

4.6.1    Powers of Inspectors

The inspector or inspectors of election shall do all of the following of each:

(A)       Determine the number of memberships entitled to vote and the voting power

(B)      Receive ballots. The sealed ballots at all times shall be in the custody of the inspector or inspectors of election or at a location designated by the inspector or inspectors until after the tabulation of the vote, at which time custody shall be transferred to the Association.

(C)      Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.

(D)      Count and tabulate all votes. All votes shall be counted and tabulated by the inspector or inspectors of election, or his or her designee, in public at a properly noticed open meeting of the Board or Members. Any candidate or other Member of the Association may witness the counting and tabulation of the votes.

(E)       Determine  when  the  polls  shall  close,  consistent  with  the  Governing Documents,
(F)       Determine the tabulated result of the election. The results of the election shall be promptly reported to the Board of the Association and shall be recorded in the minutes of the next Board Meeting and shall be available for review by Members of the Association.

(G)      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.

4.7       Secret Ballot Procedures

Secret ballots and two (2) 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 thirty (30) days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or Separate Interest number on the secret ballot. The secret ballot itself is not signed by the voter, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed. In the upper left hand corner of the second envelope, the voter shall sign his or her name, indicate his or her name, and indicate the address or separate interest identifier that entitles him or her to vote, and the second envelope is addressed to the inspector or inspectors of election, who will be tallying the votes. The envelope may be mailed or delivered by hand to a location specified by the inspector or inspectors of election. The Member may request a receipt for delivery.

No person, including a Member or an employee of the management company, shall open or otherwise review any secret ballot prior to the time and place at which the secret ballots are counted and tabulated. The inspector of elections, or his or her designee, may verify the Member’s information and signature on the outer envelope prior to the meeting at which secret ballots are tabulated. Once a secret ballot is received by the inspector of elections, it is irrevocable.

4.8       Tabulation of Secret Ballots and Announcement of Results

The secret ballots received prior to the voting deadline shall be counted by the inspector of elections at a properly noticed meeting of Members or Board Meeting. The tabulated results of the election shall be promptly reported to the Board and shall be recorded in the minutes of the next Board Meeting and shall be available for review by Members. Within fifteen (15) days of the election, the Board shall give General Notice of the tabulated results of an election.

4.9       Election and Meeting Materials

The sealed secret ballots at all times shall be in the custody of the inspector or inspectors of election or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Civil Code Section 5145 for challenging the election has expired, at which time custody shall be transferred to the Association. After the transfer of the ballots to the Association, the ballots shall be stored by the Association in a secure place for no less than one (1) year after the date of the election. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by a Member or his or her authorized representative. In the event of a recount or other challenge to the election process, the Association shall, upon written request, make the ballots available for inspection and review by Association Members or their authorized representatives. Any recount shall be conducted in a manner that shall preserve the confidentiality of the vote.

5.0 Selection of Inspectors of Election.

5.1 The Board will appoint an Inspector or Inspectors of Election; either one or three, within a reasonable time before the annual meeting.

5.2 Civil Code 1363(c)(2) lists individuals who can act as Inspectors of Election. The Board may expressly authorize the Association’s managing agent to serve as Inspector(s) of Election. The Board may also appoint a member or members of the Association provided such member is not a member of the Board of Directors or a candidate for the Board of Directors or related to a member of the Board of Directors or a candidate for the Board of Directors.

5.2 Civil Code 1363(c)(2) lists individuals who can act as Inspectors of Election. The Board may expressly authorize the Association’s managing agent to serve as Inspector(s) of Election. The Board may also appoint a member or members of the Association provided such member is not a member of the Board of Directors or a candidate for the Board of Directors or related to a member of the Board of Directors or a candidate for the Board of Directors.