You are here

AB 1426 - Uncontested Elections

Under the current system, associations must always use a double envelope, secret ballot system in their elections. This requirement applies even when the outcome of the election is already decided: i.e., when the number of board vacancies equals the number of board candidates. This is called an "uncontested" election.

Responding to a Recall Petition

When HOA members decide to remove their board of directors, the board has to participate in the process. This article explains the board's responsibilities.

2016 Legislation - AB 1799 - Elections by Acclamation

AB 1799 would offer an alternative voting process to associations with uncontested elections - those elections where the number of candidates for the board equals the number vacant seats. Under these circumstances (defined in the bill), the association would be able to hold elections "by acclamation."

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.

Every HOA Must Adopt Election Rules - Following the Civil Code Isn't Enough

California HOA boards who fail to adopt elections rules are in violation of the law - even when they follow the procedures outlined in California's Civil Code. This article explains why, identifies the risks, and recommends a solution.

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.

§5145 - Civil Action by Member

  1. A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. Upon a finding that the election procedures of this article, or the adoption of and adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court may void any results of the election.

§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.


Subscribe to RSS - Elections