Elections

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§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:

§5110 - Inspector of Elections

  1. The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.

§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:

§5100 - Scope of Election Provisions

  1. Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article.
  2. This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article.

You Have Been Sued for Non-Compliance?!

Small Claims Courts have new authority to judge your conduct, scrutinize statutory compliance and to punish violators. At the same time you are learning the ins and outs of compliance, keep in mind that a disgruntled owner can have a judge second-guessing your actions within weeks of filing a complaint in Small Claims Court. Will you be ready to explain yourself when you are accused of wrong doing? As you go about the process of complying with the new laws, you should also consider creating a paper trail that can be used to explain and defend you actions.

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