2025 Election Email No.3

Dear *|FNAME|* ,

Free and fair elections are crucial for governance in homeowners associations (HOAs), which are increasingly embraced by Americans as a model for community living. A report from the Foundation for Community Association Research reveals that around 25% of the U.S. population, or approximately 73.5 million people, live in community associations, including HOAs, condominiums, and housing cooperatives. Elected HOA boards play a significant role in representing residents’ interests and managing key community issues, including business operations and the enforcement of community rules.

Understanding election laws is essential for successful HOA leadership, as these laws dictate the election process, such as ensuring timely distribution of ballots to voters. For instance, California Civil Code § 5115 mandates that “Ballots and two preaddressed envelopes with instructions on returning ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the voting deadline...” It’s notable that the U.S. Postal Service differentiates between First Class and Standard or “junk” Mail, impacting how ballots are perceived and delivered.

Cheers,
Karim Elmaaroufi

BALLOTS DELIVERED AS JUNK MAIL

FirstService Residential failed to acknowledge that distinction in this year's election. For as yet unexplained reasons, roughly 200 ballots were delivered as Standard mail to the Security Office instead of owner mailboxes last week, exactly 30 days from the Annual Meeting. Over a week later, two-thirds of those ballots remained undelivered. We believe management and the board should have immediately contacted the local postmaster and requested that their carrier deliver those ballots properly into mailboxes. But so far the only apparent response has been notices posted on bulletin boards that many voters ignored and a couple mass emails, which have a typical open rate of only 40% according to MailChimp.

If the Post Office had refused to make it right, at the very least, we think FirstService and Board should have done an immediate door drop to all units advising them about what happened and how they should proceed. A few days later, any remaining ballots in the Security Office should have had their respective owners contacted by phone to ensure they were aware their ballot had arrived and where to get it. How many ballots won't be delivered to owners before the Annual Meeting? 

LESS EFFORT AND NO EXPECTATIONS

This is another example of the “least effort” practices which have crept into management and the board during recent years. That mindset led to inefficiencies, lower owner engagement, poorer property conditions, and higher dues than necessary. There was also flagrant  electioneering in several Candidate Statements again this year, where incumbent candidates urged owners to vote for their friends. But a similar opportunity was not offered to all other members as mandated by law.

Civil Code Civil Code § 5105, Election Rules says “if any candidate or member advocating a point of view is provided access to association media, newsletters, or internet websites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view...for purposes that are reasonably related to the election.” Civil Code § 5135, Association Funds in Campaigns, also says “Association funds shall not be used for campaign purposes in connection with any association board election.” and “For the purposes of this section, ‘campaign purposes’ includes... Expressly advocating the election or defeat of any candidate that is on the association election ballot.”

JUST DO THE RIGHT THING

We chose to follow the rules and respect the box we checked off on the Nomination Form that says “I have read the Gateview’s Ethics Policy and if elected, pledge to abide by its terms.” So we didn’t engage in unfair and unethical electioneering, as those incumbent candidates did. Between failing to deliver the ballots on time and encouraging inappropriate electioneering, FirstService may have spoiled this election. When elections are perceived as unfair, people stop participating as candidates and voters. 

If FirstService and the board can't get something as simple as assembling and delivering a ballot right, how on earth are they going to handle budgets, reserves, and big projects? The choice is now clearer than ever; if you want better efficiency, value, fairness, transparency, and directors who will work harder with your dues and pay more attention to your concerns, vote for Karim Elmaaroufi and Steven Hoagland!

If YOU DIDN'T GET A BALLOT YET, GO TO SECURITY!

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