THE ALCHEMY OF BALLOT MATERIALS INTO “ASSOCIATION MEDIA” (February 2026)

Beware: candidate statements can transform your ballot packet into “association media,” requiring equal access for any member who wants to express any point of view reasonably related to the election, even if it is not a candidate statement.  The Davis-Stirling Common Interest Development Act requires equal access to “association media” for all candidates and members advocating a point of view during a campaign for purposes that are reasonably related to the election.  Association media is not limited to newsletters, websites, and the like, but can also include ballot packets.  In a recent case, Arroyo v. Pacific Ridge Neighborhood Homeowners Association, the materials contained in a recall election ballot packet constituted “association media” because they included a candidate statement.  The court found that because the purpose of a candidate statement is to convince members to vote for that candidate, the materials included with the ballot permitted a member to advocate a point of view during a campaign for purposes reasonably related to that election.  Accordingly, the court held that the Association was obligated to provide equal access to other members to advocate their point of view too.  More particularly, the board member being recalled was entitled to equal access to the ballot materials for purposes of stating her position against the recall efforts, even though she was not a candidate to be elected upon a successful recall. 

Associations customarily distribute candidate statements during a Board election.  Doing so opens the door for all members wanting to express any point of view about the election.  Based on Arroyo v. Pacific Ridge, equal access does not mean just allowing all candidates to submit a candidate statement; rather, the association is required to include statements from any members, even if they are not a candidate, as long as it expresses a view that is reasonably related to the election.