Proposed revision to The Villages Association Rule 2.25 Voting and Election Rules were approved for publication and member comment period prior to formal approval consideration at a Special Open Meeting on Friday, January 10, 2025, at 2:00 p.m. via Zoom.
Zoom Meeting Information
Meeting ID: 889 5391 4936
Passcode: 554175
These proposed new Election Rules are to comply with changes in California law affecting the way membership votes in homeowner associations are to be conducted, and add electronic voting provisions, which are intended to reduce election costs and encourage more owner participation. Under these rules, members can choose whether to use an electronic ballot or to use paper ballots. Electronic voting cannot be implemented unless the Association Election Rules are amended to incorporate these provisions.
The Board has consulted with Association legal counsel to develop Election Rules that comply with the requirements of the law, and which will work in a practical way for the Association. These Election Rules will apply to elections of directors as well as any other official votes by the membership.
Membership votes increase the Association’s annual/regular assessment over twenty percent (20%) from the prior fiscal year, or a vote to impose a special assessment over five percent (5%) of the gross budget expense for that fiscal year require those votes to be conducted only by written secret ballot (Civil Code 5105).
The electronic voting option in the Association proposed election rule provides that all members will be sent electronic secret ballots unless the member affirmatively opts out and requests a written ballot. Members have until 90 days before the membership vote to “opt out,” and the Association will send a member notice (by individual delivery per Civil Code section 4040) notifying members of their voting method, (default will be electronic voting) email to be use for electronic voting and explanation of the procedures for opting out of electronic voting and using a written secret ballot. It is important to note that although the proposed election rules include the option for electronic voting, Member votes may continue to be conducted by written secret ballot until such time as the Association Board approves the implementation of electronic voting for a membership vote.
Response to the proposed changes may be made by one or more of the following methods: 1) Participation in the discussion of the proposed changes at the Association Board of Directors Special Meeting on January 10, 2025, or 2) via written comments delivered to the Board through Board Services at BoardServices@the-villages.com, seven days prior to the meeting, or 3) via written comments delivered to Board Services located in Business Administration Bldg. A seven days prior to the meeting, or 4) via written comments mailed to:
The Villages Association – Proposed Election Rules
Attention: Board Services
5000 Cribari Lane
San Jose, CA 95135
All comments will be considered in advance of the Board’s vote to adopt these Election Rules.
If you have any questions, please contact Board Services at (408) 223-4680.
