QUESTION: We sent out the annual meeting package, including ballots, in a timely manner. During the time between the mailing and the meeting, a property was sold. Is the prior owner allowed to vote? What happens to the "secret ballot" they returned? Should the new owner get a ballot to vote for directors?

ANSWER: Normally the owner on record with the association when ballots are mailed has the right to vote. That date is known as the "record date" for the election. As provided in the Corporations Code, the record date is set by the board to establish who is a member as of that date and, therefore, eligible to vote. Corp. Code §7611. Typically, the record date is set a few days to a week in advance of the mailing of the ballots (see Election timeline). This allows time for preparing election materials, putting eligible voter labels on ballot envelopes, and printing a voter list for the Inspector of Elections.

Automatic Record Date. If a date is not selected by the board, then the date ballots are mailed becomes the record date. Those who become owners after the record date are not eligible to cast ballots in the pending election (but would be eligible to vote in subsequent elections).

Suspended Voters. It should be noted that members who are eligible as of the record date can still have their voting rights suspended.