Would authorize the use of electronic secret ballots.
Current Status: Chaptered
FindHOALaw Quick Summary:
Existing law requires elections concerning the governance of common interest developments to be held by secret ballot in accordance with certain procedures.
This bill would amend Civil Code Section 5115 and add Civil Code Section 5116 to authorize an association to conduct an election by electronic secret ballot unless the association’s governing documents provide otherwise. If an electronic secret ballot is conducted by internet website, the bill would require individual notice of the ballot be delivered to each member and would require that notice to also include specified information, including instructions on how to vote by electronic secret ballot. The bill would specify that an electronic secret ballot is effective when transmitted and irrevocable. The bill would prohibit the use of an electronic secret ballot unless the association creates procedures that provide an opportunity for members to vote by written secret ballot.
**AB 2159 was signed by the Governor on September 22, 2024, and takes effect January 1, 2025.
Share:
from the California Legislature's website
Related Topics
Related Statutes
- Civil Code Section 5260. Member Requests That Must be in Writing.
- Civil Code Section 5200. “Association Records” and “Enhanced Association Records” Defined.
- Civil Code Section 5125. Custody of Ballots.
- Civil Code Section 5120. Counting Ballots.
- Civil Code Section 5115. Ballot and Voting Procedure.
- Civil Code Section 5110. Inspector of Elections Required.
- Civil Code Section 5105. Election Rules Required.
- Civil Code Section 5100. Elections Held by Secret Ballot.
- Civil Code Section 4600. Grant of Exclusive Use of Common Area.
Related Case Law
- Takiguchi v. Venetian Condominiums Maintenance Corporation
(2023) 90 Cal.App.5th 880
[Failure to Hold Election; Court Ordered Ballot Counting] Corporations Code section 7510 allows for a court to order an HOA to count and tabulates ballots cast in an HOA election.