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June 2, 2008
What Elections Are Covered by the New California HOA Elections Law?
Here is a question about elections that is pretty straightforward.
"I have read and re-read the section on Election and Voting Procedures and can't find anything in the section that covers anything other than the election process. The reason I ask is that we recently put out a ballot to the membership to give the Board authority to grant fence extensions from back of unit wall - recognizing that 1363.07 removes that authority unless owner approval is achieved. ... Anyhow, I don't see in anything Section 1363.03 that requires a secret ballot for anything other than an election of officers. Can you offer any comments on this issue?"
Civil Code Section 1363.03 provides, in part pertinent to this question:
(b) Notwithstanding any other law or provision of the governing documents, an election within a CID 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.
Civil Code Section 1363.07 is the statute that requires the Board, with a few exceptions noted, to obtain 2/3 approval of the members to grant an owner exclusive use of common area so the procedures of Civil Code Section 1363.03 apply.
Posted by Beth Grimm at June 2, 2008 9:21 PM