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 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.