Understanding HOA Voting in California: A Comprehensive Guide
Homeowners’ Association (HOA) voting in California is typically regulated by the HOA’s bylaws and state legislation. Here are some of general guidelines to follow:
The Davis-Stirling Act (California Civil Code Section 5100) mandates the utilization of a confidential voting method, known as the secret ballot process, for certain types of votes. These include elections involving legally required assessments, the election and removal of directors, modifications to the governing documents, and the granting of exclusive usage rights for common areas.
The homeowners’ association (HOA) is obligated to provide homeowners with proper notification of the upcoming vote, which includes information about the date, location, and method of voting. In the case of proposed amendments to the governing documents, homeowners must be furnished with the actual wording of the proposed modifications.
Every individual ownership unit within the HOA is entitled to receive a single ballot. For votes that do not pertain to director elections, homeowners typically have one vote for each voting measure. However, when it comes to director elections, homeowners are granted a number of votes equivalent to the number of seats being contested or subject to removal. In instances where a homeowner possesses multiple properties, they will be allocated the designated number of votes per property, multiplied by the total number of properties owned.
The method of voting, whether in person or by mail, is determined by the rules set by the HOA. However, in-person voting is becoming outdated and has been substituted by the more modern two-envelope, vote-by-mail system described in the Davis-Stirling Act.
For the ballots to be opened and counted, it is necessary to have a quorum of homeowners present, meaning they are represented by the ballots they have submitted by mail.
In specific types of votes, such as amendments to the governing documents, the measure must receive approval from a specified percentage of homeowners in order to be deemed successful. The precise percentage required can be found within the HOA’s governing documents.
Overall, it is crucial to acknowledge that HOA voting procedures and prerequisites can differ significantly based on the individual HOA and the existing governing documents. Homeowners should carefully examine their HOA’s governing documents and seek guidance from their board of directors, the inspector of elections, or legal counsel if they have any inquiries regarding the voting process.