California community association law
Elections & secret ballots
Cal. Civ. Code §§ 5100-5145 (Davis-Stirling)
What the law requires
Notwithstanding the governing documents, elections to seat or remove directors, assessment votes that require a member vote, amendments to the governing documents, and grants of exclusive use of common area are held by secret ballot, with an independent inspector of elections running the process.
What it means for boards & managers
The inspector of elections is a statutory role, not a courtesy. Adopt the election rules well before ballots go out; California gives members a direct remedy when the procedure is not followed.
Read the full text
The sections this topic covers, as we hold them. Each opens the statute text itself, not a summary of it.
This summary is for orientation and is not legal advice. Statutes are amended; confirm the current text of Cal. Civ. Code §§ 5100-5145 (Davis-Stirling) with the official California code, and consult counsel for specific situations.
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