Email Ballots
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ELECTRONIC BALLOTS

QUESTION: Since everything we do now is by email, can we hold our elections electronically if we preserve everyone's anonymity?

ANSWER: Electronic ballots would be more convenient and a less expensive than paper ballots. Unfortunately, the Davis-Stirling Act currently requires a paper double envelope system for the following types of elections (Civ. Code §5100):

  • election of directors

  • removal of directors

  • special assessments

  • amendments to the CC&Rs and bylaws

  • grants of exclusive use common areas

Examples for E-Balloting. If an election does not fall into one of the above categories, it can be done electronically. For example, some CC&Rs require membership approval before a lawsuit can be filed against a developer for construction defects. The voting can be done electronically. The same is true for membership surveys on painting, decorating, etc.

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