Adams Stirling PLC


QUESTION: Can the board send a ballot with their recommendations as to which way to vote?

ANSWER: Boards can include factual information about ballot proposals but not their recommendations. To maintain fairness in the election process, the ballot and accompanying materials must remain neutral.

Campaign Material. Apart from the official mailing, board members have the right to campaign at their own expense. They can support or oppose candidates, amendments, assessments, etc. However, if they use association funds to advocate their position, then homeowners must also be given the opportunity to express their opinions at association expense. (Civ. Code § 5105(a)(1).)

"Sample" Ballots. In addition, anyone can send campaign materials that include a sample ballot premarked with their recommended votes. If they send a campaign ballot, the sender must be very clear that it cannot be used in place of the official ballot. To avoid any confusion, the ballot should have "SAMPLE" stamped across it. If members use campaign ballots in place of official ballots, they will be voided by the Inspectors of Election.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC