The term “record date” refers to the date established in the provisions of an association’s bylaws or, in the absence of such a provision, by the association’s board of directors for the purpose of determining which members are entitled to vote at a member meeting/election. (Corp. Code § 7611.) The record date may not be more than sixty (60) days before the date that the ballots are mailed to the membership. (Corp. Code § 7611(c).) The record date is commonly set at least a week in advance of the mailing of ballots in order to provide adequate time for the association’s inspector of elections to prepare the balloting materials, place mailing labels on those materials, and to generate a voter list to be used when counting the ballots at the election meeting. Persons who become owners (members of the association) after the record date may attend the membership meeting but are not eligible to vote or cast ballots.
Default Record Date
If no record date is fixed by either the bylaws or by the board, members on the day the first written ballot is mailed or solicited who are otherwise eligible to vote (i.e., have not had their voting rights validly suspended) are entitled to cast written ballots. (Corp. Code § 7611(c).)
The record date also applies in the case of an adjourned meeting (i.e., if the association failed to achieve quorum at the initial meeting), unless the board fixes a new record date for the adjourned meeting. (Corp. Code § 7611(b).)