Adams Stirling PLC


QUESTION: Our association only allows one vote per unit, even though there are two people on title. Doesn't everyone have a right to vote?

ANSWER: One vote per unit (not per person) is normal and legal. Although each person on title has a right to cast that one vote as a member of the association, whoever casts the vote, by ballot or otherwise, is presumed to be voting for all his/her co-owners. (Corp. Code §7612.)

If each person on title casts a ballot, the first envelope received and registered is counted. All others from that same property are marked "Invalid" and set aside. Even if one of the owners objects and wants the person's ballot withdrawn (because they disagree with how the other owner voted), the ballot is not withdrawn. Once received by the Inspector, the ballot is irrevocable. (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