Adams Stirling PLC


Proposed Action. If balloting is done entirely through the mail without a meeting (except to count the ballots), the ballots must set forth the proposed action by the membership, provide an opportunity for members to specify approval or disapproval of any proposal, and provide a reasonable time within which to return the ballot to the association. (Corp. Code §7513(a), Corp. Code §7514(a).)

Quorum. Ballots must also indicate the number of responses needed to meet the quorum requirement and, with respect to ballots other than for the election of directors, must state the percentage of approvals necessary to pass the measure submitted. The solicitation must specify the time by which the ballot must be received in order to be counted. (Corp. Code §7513(c).)

How to Return. The Ballots must also contain information on how to return them to the inspector of elections. (Civ. Code §5115(a).)

Envelopes. To ensure secrecy, voters cannot be identified by name, address, or lot, parcel, or unit number on the ballot. In addition, associations must use a double-envelope system.

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