Election Entirely by Mail
Adams Stirling PLC
Menu

ELECTION ENTIRELY BY MAIL

Except for the meeting to count the votes, an election may be conducted entirely by mail unless otherwise specified in the governing documents. (Civ. Code §5115(d).) As provided for in Corporations Code §7513, any action which may be taken at a membership meeting may be taken without a meeting provided:

  • the association distributes a written ballot to every member entitled to vote on the matter;

  • the ballot sets forth the proposed action;

  • the ballot provides an opportunity to specify approval or disapproval of any proposal;

  • the ballot provides a reasonable time within which to return the ballot to the corporation (this has been modified by Civil Code §5115(a), which requires at least 30-days of balloting);

  • the ballot indicates the number of responses needed to meet the quorum requirement;

  • the ballot states the percentage of approvals necessary to pass the measure submitted (except for the election of directors); and

  • the solicitation specifies the time by which the ballot must be received in order to be counted.

Approval Requirements. Approval by written ballot is valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. (Corp. Code §7513(b).)

Secret Ballots. As provided for in Civil Code §5100, ballots must be secret and balloting must be done in accordance with written election rules. In addition, the counting of the ballots still takes place at a properly noticed meeting of the membership or the board. (Civ. Code §5120(a).)

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