Voting-Membership

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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.

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.

§8325 - Results of Membership Vote

For a period of 60 days following the conclusion of an annual, regular, or special meeting of members, a corporation shall, upon written request from a member, forthwith inform the member of the result of any particular vote of members taken at the meeting, including the number of memberships voting for, the number of memberships voting against, and the number of memberships abstaining or withheld from voting. If the matter voted on was the election of directors, the corporation shall report the number of memberships, or votes if voted cumulatively, cast for each nominee for director.

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