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ELECTION RULES REQUIRED

Requirement. Beginning July 1, 2006, all associations are required to adopt election rules that comply with Civil Code §5105. Failure to do so, may result in costly legal challenges that could void election results. Associations must adopt written election rules that integrate language from their own CC&Rs and bylaws. Election rules should contain:

Applicable Elections. As provided for in Civil Code §5100, applicable elections include:

  • election of directors

  • removal of directors

  • special assessments

  • amendments to the CC&Rs and bylaws

  • grants of exclusive use common areas

Elections by Mail. If set up properly, elections can be done entirely through the mail.
 
Electronic Elections. With some exceptions, all elections must be held with paper ballots, not electronically.

Amending Election Rules. Election Rules can be amended but associations must follow the rule amendment process required by the Davis-Stirling Act.

ASSISTANCE: To update your election rules, contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC