Required Electronic Voting in California HOA

Question:

Our HOA Board wants to organize an “ONLINE ” voting, with mandatory “ONLINE REGISTRATION”, with a deadline. 1/ is it legal to request a registration just for that vote from legal homeowners? 2/ Is it legal to eliminate paper ballots: and to create an “ONLINE ONLY voting system? 70% of this community are senior citizens with poor computer skills or internet proficiency.

– Pierre

 

Answer:

Hi Pierre,

The Davis-Stirling Act currently requires a paper double-envelope system for the following types of elections (Civ. Code §5100):

-election of directors
-removal of directors
-special assessments
-amendments to the CC&Rs and bylaws
-grants of exclusive use common areas

If an election does not fall into one of the above categories, it may be done electronically.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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