Virtually every set of association governing documents allow for only one (1) vote to be cast per “separate interest” (per unit) within the association, regardless of the number of persons on title to the unit. This is in accordance with the requirements contained within Title 10, Section 2792.18(a) of the California Code of Regulations.
Where ownership of a unit is vested in a number of persons (i.e., joint tenants, members of a partnership, etc.), whoever casts the secret ballot on behalf of that unit is presumed to be voting for all of his/her co-owners. (Corp. Code § 7612.) Once the secret ballot is received by the association’s inspector of elections, that ballot is irrevocable regardless if one of the co-owners desires for the ballot to be withdrawn or otherwise objects to the way in which the co-owner voted. (Civ. Code § 5120(a).)
Developer Voting Rights
The developer of the association (the builder of the common interest development) often establishes different classes of voting memberships in the association’s governing documents. Those classes allow for the developer to have up to three (3) votes per unit owned by the developer, subject to certain limitations. (10 CCR §§ 2792.18, 2792.32; See also “Developer Voting Rights & Classes of Membership.”)
- 10 CCR Section 2792.19. Reasonable Arrangements – Election of Governing Body.
- 10 CCR Section 2792.18. Reasonable Arrangements – Members’ Voting Rights.
- 10 CCR Section 2792.32. Alternative Arrangements for Master Planned Communities.
- Corporations Code Section 7612. Membership in Multiple Names.
- Civil Code Section 5120. Counting Ballots.