QUESTION: We are reviewing our CC&Rs and would like input from members on board priorities, solutions, proposed changes, etc. This will give us an idea whether proposed changes would receive support before we go through the expense of sending a secret ballot. Can we survey members and do we need permission to publish responses?
ANSWER: Yes, you can survey your members and no you don't need permission to publish responses, provided you keep them anonymous.
No Secret Ballot Needed. By statute, a secret ballot must be used for special assessments, election and removal of directors, amendments to the governing documents, and grant of exclusive use of common area property. (Civ. Code § 5100(a).) Since a survey does not fall into any of these categories, it can be done by any of the following:
- signed ballotssecret ballots
- email
- online services such as SurveyMonkey.com or SurveyGizmo.com
Even though secrecy is not required, members will be more forthcoming in their opinions if they are assured their responses are anonymous.
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