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 ASSOCIATION BUSINESS
 
Policies


 

Election & Voting Policy

The Pla-Vada Community Association (PVCA) duly adopted the Board of Directors Election Process Policy that provides a documented process for election of Board Members and other issues that support of PVCA Bylaws. This policy is being revised to support changes in the Davis-Sterling Act (Section 1363.03) that were effective on July 1, 2006. To ensure propriety, integrity and member confidentiality of the election process the following rules have been established.

  1. Member’s Meeting Notice, Candidate Eligibility and Election Secret Ballot Process

    As required by PVCA Bylaws, notification of annual member’s meeting will be provided at least thirty (30) days prior to meeting date. In addition, Board of Directors election ballots, along with any pertinent instructions, will be mailed to all eligible members along with one blank envelope for sealing ballot within and one designated self address envelope. The official ballot shall not identify member, member’s lot/address or require member signature to ensure voter confidentially. Completed election ballots shall be inserted and sealed into the blank envelope that will be inserted into a self-addressed envelope that designates Pla-Vada mailing address C/O Election Inspector. The self-addressed envelope, upper left hand corner, will have a space for the member’s signature, address and/or lot number and must be signed by member and returned to Pla-Vada prior to designated election time and date.

    For Board member elections, all members may be a candidate for Board position as defined in Article IV of Bylaws. All voting members will be sent a list of nominees for Board vacancies that have submitted a written statement to Pla-Vada General Manager and will include the candidate’s statement of qualification for Board position. Each candidate will be provided equal access to association media to express points of view that are reasonably related to the election. Pla-Vada Board of Directors will ensure that candidate’s statement or points of view that are included in association media are not edited or content changed. A statement about content of these communications may indicate that member is responsible for content and not Pla-Vada Community Association.

  2. Member Eligibility, Vote Count and Submittal Date

    All members in good standing are eligible to vote in any election. Members owning a lot are entitled to one vote and members owning a lot with dwelling are entitled to two votes per Bylaws Article II, Section 1. Members who are delinquent in payments for association dues or assessments are not entitled to vote until all payments are current. For Board of Director elections, each member owning a lot is entitled to a total of three votes or one vote per candidate. A member owning a lot with dwelling is entitled to a total of six votes or two votes per candidate. The member may designate all votes for one candidate or divide them among two or three candidates of choice. Members not planning to attend the annual member’s meeting should mail ballot vote at least one week prior to the meeting to ensure that Pla-Vada will receives it by election day. Members may drop off ballots to designated Pla-Vada location where the locked ballot box is maintained prior to election time and date. For other actions requiring a membership vote by State law or association Bylaws; each eligible member will be provided a secret ballot and along with one blank envelope for sealing ballot within and one designated self address envelope. The secret ballot process as outline in this document will be followed to ensure membership confidentiality. Each member is entitled to one vote per lot for identified special election issues that affect members equally.

  3. Election Day and Ballot Processing

    For electing Board of Directors, election day is the morning of annual meeting date. Members must have their ballots to the Election Inspector or designated location by 8:30am on election day. For ballot voting issues required by Bylaws, election day will be a date and time specified on the ballot vote or instructions provided with ballot. The Election Inspector or designated assistant may verify the voting member’s information and signature on the outer envelope prior to meeting for counting ballots. The sealed ballot envelopes for both of the above processes will not be opened until designated election day by the Election Inspector or assistants under his or her supervision. Ballots must be counted and tabulated at either an open meeting of the Board of Directors or members. Each ballot received will be counted as a member present for purpose of establishing a quorum per Bylaws, Article III, Section 5.

  4. Election Day Vote Accountability and Tally Process

    The Election Inspector is responsible to validate the owner’s eligibility to vote prior to opening the self-addressed envelope. The Election Inspector and assistants will document on a membership list all ballots received. This list will be maintained for accountability purposes. Each self-addressed election envelope shall be opened, and the sealed envelope therein will be placed into another container prior to being opened so that member confidentiality will be maintained. Ballot envelopes must be under the control of the Election Inspector until they are opened and tallied at an open meeting. The Election Inspector will provide election results to Board of Directors who will announce results at general membership meeting and ensure results are recorded in next Board meeting minutes. The tabulated election results will be available for review by association members and be published in a communication to membership within 15 days after the election.

    Election Inspector is required to maintain election back-up data (i.e., ballots, membership list, tally sheets, membership self-address ballot envelopes) in secured storage area for nine months after election. After the nine month period, the Election Inspector will turn over custody of records to association general manager. Any challenge to the election process must be done by written request within nine months after election. Election records will be maintained by the Pla-Vada for one year period after election.

 

Election Inspector Qualifications/Responsibilities

The Election Inspector will be an independent third party and will be appointed by the Board of Directors. The Election Inspector may be an association member or outside volunteer who has independent credentials (e.g., Notary Public). The candidate for Election Inspector may not be a Board member or candidate for the Board or related to a Board member or candidate for the Board. In addition, the candidate can not a person employed by or under contract to the association for compensable services.

The Election Inspector is responsible to perform the following duties: - Appoint election assistants necessary to help in the election process.Receive ballots and ensure ballots are maintained in secured storage area.

- Appoint election assistants necessary to help in the election process.

- Determine the validity and authenticity of ballots submitted.

- Maintain key of locked storage area or box.

- Count and tabulate all ballots.

- Hear and determine all challenges and question in connection with the right to vote.

- Maintain confidentiality of member ballots during the election process.

- Follow the election process policy as define above.

- Perform his or her duties impartially, in good faith and to the best of his or her ability.

- Report the election results to Board of Directors.

- Maintain custody of election back-up records as defined above.


Revised December 2006


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