2020 ELECTION RULES – RESOLUTION 190
RESOLUTION NO. 190
RESOLUTION OF THE BOARD OF DIRECTORS OF THE PALOS VERDES HOMES ASSOCIATION ADOPTING NEW ELECTION RULES
WHEREAS, Article III OF THE BY-LAWS OF PALOS VERDES HOMES ASSOCIATION states:
“The corporate powers of this corporation shall, except as otherwise provided herein, be vested in a Board of directors who shall be members of this corporation, and three shall constitute a quorum for the transaction of business but a smaller number may adjourn from time to time.”
WHEREAS, The Palos Verdes Homes Association wishes to adopt rules for the nominating and electing Members to the Board of Directors;
WHEREAS, the Palos Verdes Homes Association has received and considered materials from Board Members; the Elections Committee formed at the request of the Board of Directors, and attorneys retained by the Board of Directors;
WHEREAS, for purposes of this Resolution, the term “Voting Year” refers to the calendar year before the year in which the Annual Meeting when Directors will be elected is held.
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of this corporation does establish and adopt the following rules for the conduct of nomination and election to the Board of Directors:
- Only a Member may be nominated for or serve on the Board of Directors.
- To appear on the ballot for the annual election to the Board of Directors, a Member must be nominated for a position on the Board of Directors. This requirement applies to all persons, including incumbents, who will appear on the ballot for annual election to the Board of Directors. Write-ins are not permitted.
- The only method of nomination for a position on the Board of Directors is by way of a Petition delivered to an officer of the corporation at the Palos Verdes Homes Association Offices requesting to have the name of a Member added to the ballot. The Petition will only be accepted if (a) it contains the names, addresses, and original handwritten signatures of at least 25 Palos Verdes Homes Association Members, and (b) is submitted on or before the first Monday in October of the Voting Year. No nominations will be accepted and no additional names may be added to a Petition after the close of business of the first Monday in October of the Voting Year. The Palos Verdes Homes Association will audit any Petition to determine the validity and authenticity of any names or signatures on a Petition.
- Votes must be cast by secret ballot and may be cast in person, by mail, or electronically in accordance with instructions provided by the Palos Verdes Homes Association. To preserve confidentiality, a Member may not be identified by name, address, or lot or parcel number on the ballot.
- Members who vote my mail or in person will use the following ballot procedures: (a) the completed ballot, which will not be signed by the Member, will be inserted into an envelope that is sealed; (b) That sealed envelope will be inserted into a second envelope that is sealed; this second envelope will have pre-printed on it at least the following information (i) the Member’s name(s), (ii) the address or separate interest that entitles the Member to vote in the election; and (iii) the name and address of the inspector of elections, which will tally the votes; (c) The Member must sign this second sealed envelope for purposes of potential verification; a ballot without a signature will not be counted. The Member is responsible for mailing the ballot or delivering it to a location specified by the Palos Verdes Homes Association for collecting ballots.
- Members who chose to vote electronically must follow the instructions provided with the ballot materials.
- Each parcel is entitled to only one vote, be it by in person, mail or electronic voting. Once submitted, a ballot cannot be changed or withdrawn. In any instance in which more than one ballot for a single parcel is submitted, the ballot first received(whether in person, mail, or electronically) will be counted, unless the inspector of elections (a) conclusively determines that the person submitting the first ballot was not entitled to do so; and (b) can identify the unauthorized ballot.
- The Bylaws of the Palos Verdes Homes Association provide for staggered terms. If candidates are not running for specific terms and a quorum is reached, then nominated candidates will be elected for terms based on the two highest vote getters filling terms of three years; assuming more than two vacancies exist, the next two highest vote getters filling terms of two years; and, assuming five vacancies exist, the fifth highest vote getter filling a term of one year.
PASSED, APPROVED AND ADOPTED Sept 3, 2020