Section 5115 - Voting Procedure

(a) Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of vote by mail ballots, including all of the following:

(1) The ballot itself is not signed by the voter, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed. In the upper left hand corner of the second envelope, the voter shall sign the voter's name, indicate the voter's name, and indicate the address or separate interest identifier that entitles the voter to vote.

(2) The second envelope is addressed to the inspector or inspectors of elections, who will be tallying the votes. The envelope may be mailed or delivered by hand to a location specified by the inspector or inspectors of elections. The member may request a receipt for delivery.

(b) A quorum shall be required only if so stated in the governing documents or other provisions of law. If a quorum is required by the governing documents, each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum.

(c) An association shall allow for cumulative voting using the secret ballot procedures provided in this section, if cumulative voting is provided for in the governing documents.

(d) Except for the meeting to count the votes required in subdivision (a) of Section 5120, an election may be conducted entirely by mail unless otherwise specified in the governing documents.

(e) In an election to approve an amendment of the governing documents, the text of the proposed amendment shall be delivered to the members with the ballot.

Section 1363.03 - Election Rules and Procedures

(b)    Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of members of the association board of directors, amendments to the governing documents, or the grant of exclusive use of common area property pursuant to Section 1363.07 shall be held by secret ballot in accordance with the procedures set forth in this section.  A quorum shall be required only if so stated in the governing documents of the association or other provisions of law.  If a quorum is required by the governing documents, each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum.  An association shall allow for cumulative voting using the secret ballot procedures provided in this section, if cumulative voting is provided for in the governing documents.

(e)    Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting.  In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot.  The association shall use as a model those procedures used by California counties for ensuring confidentiality of vote by mail ballots, including all of the following:
(1)    The ballot itself is not signed by the voter, but is inserted into an envelope that is sealed.  This envelope is inserted into a second envelope that is sealed.  In the upper left-hand corner of the second envelope, the voter shall sign his or her name, indicate his or her name, and indicate the address or separate interest identifier that entitles him or her to vote.
(2)    The second envelope is addressed to the inspector or inspectors of elections, who will be tallying the votes.  The envelope may be mailed or delivered by hand to a location specified by the inspector or inspectors of elections.  The member may request a receipt for delivery.

(k)    Except for the meeting to count the votes required in subdivision (f), an election may be conducted entirely by mail unless otherwise specified in the governing documents.

Changes

5115  §1363.03
(a)(e)    Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting.  In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot.  The association shall use as a model those procedures used by California counties for ensuring confidentiality of vote by mail ballots, including all of the following:
(1) The ballot itself is not signed by the voter, but is inserted into an envelope that is sealed.  This envelope is inserted into a second envelope that is sealed.  In the upper left-handleft hand corner of the second envelope, the voter shall sign his or herthe voter’s name, indicate his or herthe voter’s name, and indicate the address or separate interest identifier that entitles him or herthe voter to vote.
(2) The second envelope is addressed to the inspector or inspectors of elections, who will be tallying the votes.  The envelope may be mailed or delivered by hand to a location specified by the inspector or inspectors of elections.  The member may request a receipt for delivery.
5115. (b)1363(b)Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of members of the association board of directors, amendments to the governing documents, or the grant of exclusive use of common area property pursuant to Section 1363.07 shall be held by secret ballot in accordance with the procedures set forth in this section.  A quorum shall be required only if so stated in the governing documents of the association or other provisions of law.  If a quorum is required by the governing documents, each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum.
(c)  An association shall allow for cumulative voting using the secret ballot procedures provided in this section, if cumulative voting is provided for in the governing documents.

5115.(d)1363.03(k)    Except for the meeting to count the votes required in subdivision (f)(a) of Section 5120, an election may be conducted entirely by mail unless otherwise specified in the governing documents. 

(e) In an election to approve an amendment of the governing documents, the text of the proposed amendment shall be delivered to the members with the ballot.