2023 Board of Directors Annual Election
Have you wondered why the Sevilla Board of Directors are unable to conduct an election fairly and in the right way? Why does the 2023 Annual Election continue to be postponed? Or for that manner, why didn’t they just start over. Instead the ballots keep coming, new dates are set for the Election, and Sevilla members continue to wonder what is happening and why!
Who is responsible? Ultimately the Board of Directors is responsible. The Board cannot blame the property manager, management company, the HOA attorneys, or the inspector of elections. The Board is responsible for ensuring that election materials are accurate and the procedures for conducting the Annual Election follow Sevilla’s governing documents and the California Codes. Apparently these tasks are too difficult for this current Board.
Here are the facts that the current Board doesn’t want you to know:
● The Election Process was flawed from the beginning.
It appears that this occurred because the board was ill informed about HOA election law and Sevilla’s CC&Rs and Election Policy.
Current Board Directors terms that were to expire in April 2023 were never identified by the Association. It appears that appointed Director Madhu Gondi and appointed Director Andre Labreche were the directors whose terms were to end at the next Annual Election. Only Director Labreche was seeking to be elected.
The timeline that the Sevilla Homeowners Association chose to complete the election sequence was 84 days, well short of the required 105 minimum days.
● Specific Violations.
March 4, 2023 Violations
The Association mailed out ballots to all members before the application deadline.
The Association sent out a Notice of Annual Meeting of Homeowners with an election packet that included ballots prior to the deadline for submitting candidate applications. A yellow official ballot form was included that included 2 candidates. Also included were candidate statements for two candidates. This ballot was premature since the application deadline was March 14, 2023. The ballot left out other candidates who had not turned in their ballots as of March 4, 2023.
An anonymous ballot envelope was not included which is another violation.
On the mailing envelope, Diversified’s mailing address was incorrect (Wrong Suite Number).
On the front page of the Notice, there was misinformation regarding cumulative voting which is not permitted in this election.
On the reverse page of the Notice there was misinformation regarding the discussion of Quorum at the Annual Meeting. The Statements read “Without your ballot, we will have to send this package out all over again at additional expense” and “Save money! Send in your ballot now!” This is a trick to get Homeowner Members to send in their ballots early so that quorum will be met at the Annual Meeting.
March 14, 2023 Violations
The Association sent out a 2nd Notice of Annual Meeting of Homeowners with a new election packet that included a revised blue official ballot, a yellow ballot envelope, and a white mailing envelope and new ballot completion rules. This Notice contained a new blue ballot containing the name of 3 candidates, not 2. Also included were candidate statements for 3 candidates. There was misinformation on the front page of the Notice that permitted cumulative voting in this election, which is not true.
The Association violated Civil Code 5115(b) by not sending a pre-ballot notice that included a list of candidates to appear on the ballots. At least 30 days before the deadline for voting and at least 30 days after the pre-ballot notice was sent, the inspector or inspectors of election, or the association, must mail by first-class mail or otherwise deliver the ballots and two preaddressed envelopes with instruction on how to return ballots to each member of the association. (Civ. Code §5105(g)(4).) The pre-addressed envelope again had the wrong address for Diversified. Also there was no pre-ballot notice sent to homeowners.
The Association violated Civil Code 5105(a)(7) by not permitting all members to verify the accuracy of their information on the candidate list and voter list at least 30 days before the ballots are distributed.
There was no candidate list provided to all candidates. There was no notification of the candidate list to at least one member who turned in their candidacy application prior to the application deadline.
By statute, the right to verify the lists begins in the same time frame as the “candidate list” must be distributed as part of the pre-ballot notice. So, the verification period should begin at least upon the members’ receipt of the pre-ballot notice. Election rules should provide that reports of any errors or omissions be made early enough to allow for changes and corrections to be made before the ballots are distributed. This step never occurred.
The Association violated Civil Code 5115(b) by distributing the ballots on the same date as the general notice.
March 27, 2023 Violations
Homeowners received a 3rd Notice of the Annual Meeting with a new election packet that included a 2nd revised yellow official ballot, a yellow ballot envelope, and a white mailing envelope.
According to the Notice, the previous two ballot Notices indicated that cumulative voting was permitted, which is not the case in this election. According to the Notice “due to a mistake on the previous ballot. This will be the third and final set mailed out.” However, on the front page of the Notice, the Association still alludes to the fact that there is cumulative voting. “Under cumulative voting, you have 2 votes that may be distributed in any manner you choose. You may only cast one voter per candidate.” Apparently, there was no proofreading. Homeowners are conflicted by these errors and conflicting statements. In addition, there is another change included with these ballot materials. An additional sheet of voting instructions was included with a tear-off portion to be placed in the mailing envelope.
This 3rd mailing was not completed at least 30 days before the deadline for voting.
June 8, 2023 Violations
Homeowners received a new Notice from the Association which indicated that the election date had changed to July 18, 2023. The Notice included voting instructions for Shorecliffs Terrance, Inc., not the Sevilla HOA.
The ballot materials did not include Election Rules as stated in the Notice.
June 14, 2023 Violations
Homeowners received another new Notice from the Association with ballot material revisions. However, there continue to be errors in the ballot materials provided in this Notice.
Again, the ballot materials did not include Election Rules as stated in the Notice.
The Sevilla HOA Election Rules and Procedures Section 9: Ballot Distribution, states that at least thirty (30) days prior to any election, the Inspector(s) of Election shall deliver or cause to be delivered: (1) a ballot to each Member reflected on the voting list; and (2) a copy of these election rules. Delivery of these election rules may be accomplished by posting them on an internet website and including on the ballot the corresponding internet website address together with, in at least 12-point font, the phrase: “The rules governing this election may be found here:” Neither the Sevilla HOA Election Rules nor the email address linked to the Election Rules were included in the ballot materials sent on June 14, 2023.
Second, the Irrevocable Secret Ballot for the 2023 Annual Meeting contained Sandra Ellis’ Candidate Statement. Her candidate Statement was on the reverse side of the ballot. This is not Sandra’s fault. At the June 20, 2023 Sevilla HOA Board of Directors Meeting, Board President Brothers said out loud to those present to make sure you complete the ballot that has Sandra Ellis’ Candidate Statement on it. As for the other candidates, having her candidate statement on the ballot form, even though it is on the reverse side, shows a bias toward that candidate, especially since the Board President referenced it in an open board meeting. The ballot has the appearance that the Sevilla HOA is making an endorsement or recommendation of Sandra Ellis. The ballot must contain no candidate statements. The Candidate Statement of Sandra Ellis contains her name, address, phone number, occupation and other personal information. Boards can include factual information about ballot proposals but not their recommendations. To maintain fairness in the election process, the ballot and accompanying materials must remain neutral.
No Identifiers on the Ballots. To preserve confidentiality, voters may not be identified by name, address, or lot, parcel, or unit number on ballots. (Civ. Code § 5115(c)(1).
On July 4th, 2023, there was a posted Notice and Agenda for a Sevilla Board of Directors General Meeting on July 9, 2023 that included agenda items for changing the election date, changing the inspector of elections, and posting election information. To reiterate, the Annual Election scheduled for July 18, 2023 should have been canceled long ago due to election violations, errors, and bias.
