As provided for in
Civil Code §1363.03(b), notwithstanding any other law or provision of the governing documents, the following matters must be voted by secret ballot:
special assessments over 5% (see exceptions) or regular assessments over 20%
election and removal of directors
amendments to the governing documents (see exception)
grant of exclusive use of common area property (see exceptions)
No Identifiers on Ballots. To preserve confidentiality, voters may not be identified by
name, address, or lot, parcel, or unit number on ballots. The ballot itself is not signed by the voter, but is inserted into an
envelope that is sealed.
Civil Code §1363.03(e). If the owner
inadvertently signs the ballot, it does not invalidate the ballot.
Signed Outer Envelope. This envelope is inserted into a second
envelope that is sealed. The upper left hand corner of the second
envelope must contain the voter's name, address, and lot, parcel or unit
number that entitles him/her to vote. The envelope must also be signed
by the voter.
Civil Code §1363.03(e)(1).
The statute states that owners "shall sign" his/her name. Accordingly, a
typed name by itself is not sufficient. Typed names can be fraudulently
applied to the envelope by anyone. A handwritten signature is
distinctive and difficult to forge. In addition, signatures should be in
ink so they cannot be erased. The signature must that of the owner of
the property, i.e., the
member, not non-member spouses.
Protecting Signatures. If owners are concerned about identity theft, they can
hand-deliver signed envelopes to the Inspector prior to the election or
at the election itself. Or, they can place their signed outer envelope (containing the
inner envelope and ballot) into a larger envelope and mail it to the Inspector.
Addressed to Inspector. The second envelope is addressed to the
Inspector of Elections, who will open and tallying the votes at the
appointed time. See
sample ballot and envelopes.
Unsigned Envelopes.
Failing to sign the outer envelope voids the ballot.