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2014 Legislation: AB 1360 - Electronic Voting

This bill authorizes an association to conduct elections or other membership balloting by electronic voting. It also requires an association to provide each member with an opportunity to indicate that he or she will be voting electronically and to provide a member who did not indicate so with a paper ballot.

The Need for Election Rules

Even though the elections law went into effect well over six years ago, we still frequently come across associations without election rules in place. We often hear that some boards of directors resist investing in election rules because they do not want to spend the money; however, election rules can be drafted quickly and inexpensively by competent attorneys that specialize in common interest development law.  The cost is particularly minimal in comparison to the serious risks involved in conducting votes and elections in the absence of voting rules.

§5130 - Proxies

  1. For purposes of this article, the following definitions shall apply:
    1. "Proxy" means a written authorization signed by a member or the authorized representative of the member that gives another member or members the power to vote on behalf of that member.
    2. "Signed" means the placing of the member's name on the proxy (whether by manual signature, typewriting, telegraphic transmission, or otherwise) by the member or authorized representative of the member.

§5125 - Location of Ballots

The sealed ballots at all times shall be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association.

§5115 - Ballots

  1. Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of vote by mail ballots, including all of the following:

§5105 - Election Rules

  1. An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:

§7517 - Ballots & Proxies

  1. If the name signed on a ballot, consent, waiver, or proxy appointment corresponds to the name of a member, the corporation if acting in good faith is entitled to accept the ballot, consent, waiver or proxy appointment and give it effect as the act of the member.
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