CMCA Meetings, Elections, and Voting 5 — Questions and Answers
Question 1: An association uses an independent inspector of elections. Which task is the inspector NOT typically responsible for?
- Verifying voter eligibility
- Counting and tabulating ballots
- Certifying the election results
- Setting the agenda for the annual meeting (Correct answer)
Correct answer: Setting the agenda for the annual meeting
The inspector of elections manages the voting process and certifies results but has no authority over the meeting agenda, which is the board's responsibility.
Question 2: An owner submits a petition signed by 15% of all members requesting a special meeting. The board refuses to schedule it. What is the typical remedy?
- The petition automatically schedules the meeting without board action
- The petitioning owners may call and hold the meeting themselves if the board fails to act within the statutory or bylaw timeframe (Correct answer)
- The owner must file a court injunction before a meeting can be held
- The petition is invalid because only the board can call special meetings
Correct answer: The petitioning owners may call and hold the meeting themselves if the board fails to act within the statutory or bylaw timeframe
Most state statutes and governing documents allow petitioning owners to call and conduct the meeting themselves if the board fails to schedule it within the required period.
Question 3: A motion is made and seconded at a board meeting. Before the vote, a director moves to 'postpone to a definite time.' This motion:
- Kills the main motion permanently
- Delays action on the main motion to a specific future time while keeping it alive (Correct answer)
- Sends the main motion to a subcommittee for review
- Requires unanimous consent to be effective
Correct answer: Delays action on the main motion to a specific future time while keeping it alive
Postpone to a definite time delays the vote on the main motion to a specified point but preserves the motion for future consideration.
Question 4: Association governing documents are silent on whether board meetings must be open to members. Under most state community association statutes, board meetings are:
- Presumed closed unless owners petition to attend
- Generally open to members except for specific executive session topics such as litigation, personnel, and delinquencies (Correct answer)
- Open only to members in good standing who pay no assessments
- Entirely at the board's discretion with no statutory default
Correct answer: Generally open to members except for specific executive session topics such as litigation, personnel, and delinquencies
Most state statutes create a default presumption that board meetings are open to members, with defined exceptions allowing executive (closed) sessions for sensitive matters.
Question 5: A quorum is lost during a board meeting when two directors leave early. The remaining directors may:
- Continue to conduct full business since quorum was established at the start
- Only take a motion to adjourn or recess; substantive votes without quorum are invalid (Correct answer)
- Conduct business by unanimous vote of those remaining
- Invite attending members to temporarily fill the vacancies
Correct answer: Only take a motion to adjourn or recess; substantive votes without quorum are invalid
Once quorum is lost during a meeting, the body can only adjourn or recess; any substantive votes taken without quorum present are generally invalid.
Question 6: The board wants to change the time of the annual meeting from 7 PM to 10 AM. Which governance step is required before implementing this change?
- A board resolution alone is sufficient if the bylaws do not specify the time (Correct answer)
- Owner approval by two-thirds vote is always required to change meeting times
- The manager must file the change with the county recorder before it takes effect
- No action is required; the board may announce the change at any time
Correct answer: A board resolution alone is sufficient if the bylaws do not specify the time
If the bylaws do not specify the meeting time, a board resolution is sufficient authority to set or change the time of the annual meeting.
Question 7: Under the Davis-Stirling Act in California (a common reference model for HOA law), which election violation can result in civil penalties against the association?
- Holding the election on a Saturday instead of a weekday
- Failing to use a secret ballot for director elections as required by statute (Correct answer)
- Allowing proxy voting when the bylaws permit it
- Adjourning the election due to lack of quorum
Correct answer: Failing to use a secret ballot for director elections as required by statute
California's Davis-Stirling Act mandates secret ballots for director elections, and failure to comply can expose the association to civil penalties.
CMCA Meetings, Elections, and Voting 5
An association uses an independent inspector of elections.
Which task is the inspector NOT typically responsible for?