Notwithstanding any other law or provisions in an association’s governing documents, the following matters must be voted on by secret ballot in accordance with the procedures set forth in Civil Code Section 5100 et. seq.:

• • Elections Regarding Assessments Legally Requiring a Membership Vote – this would include actions to increase regular assessments over twenty percent (20%) or to levy a special assessment over five percent (5%) of the association’s annual budget. (Civ. Code § 5100(a); See also “Limitations on Assessment Increases.”)
  • Election and Removal of Directors – a membership vote to either elect directors or to remove (recall) them from the board. (Civ. Code § 5100(a); See also “Removal & Recall of Directors.”)

Uncontested Elections (Elections by Acclamation) – Avoiding the use of secret ballots is possible in an uncontested director election. (Civ. Code § 5103(g); See also “Uncontested Elections (Elections by Acclamation)“.)

• Amendments to the Governing Documents – this would include a membership vote to approve a proposed amendment to the association’s governing documents (i.e., to amend the CC&Rs), as well as to reverse (veto) a recent rule change. (Civ. Code § 5100(a).)
• Grant of Exclusive Use of Common Area – this would include actions where membership approval is required to grant any member the exclusive use of any portion of the association’s common area. (Civ. Code § 5100(a); See also “Granting Exclusive Use of Common Area.”)

Where the use of secret ballots is required, Civil Code Sections 5105 through 5145 set forth numerous procedural requirements governing the balloting and voting process which must be utilized. For more information, see “Balloting Requirements & Procedures.”

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