Record Date
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 (e.g., to develop the “Voter List”.) Notwithstanding any other law, an HOA’s election rules must prohibit the denial of a ballot to an owner for any reason other than not being an owner at the time when ballots are distributed. (Civ. Code § 5105(g)(1).)  The time when ballots are distributed therefore serves as the record date regardless of any contrary provisions in the association’s governing documents.

Contents of Voter List
The voter list must include the name, voting power, and either the physical address of the voter’s separate interest, the parcel number, or both. The mailing address for the ballot must be listed on the voter list if it differs from the voter’s physical address or if only the voter’s parcel number is used. (Civ. Code § 5105(a)(7).)

Verification of Individual Information on Voter List
The association must permit members to verify the accuracy of their individual information on the voter list at least thirty (30) days before ballots are distributed. (Civ. Code § 5105(a)(7).)

Adjourned Meetings
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).)

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