What California requires, and who's responsible

Adopting an election operating rule

An association can allow electronic secret ballots by adopting an election operating rule. No CC&R amendment is needed (§ 5105(i)).

Adoption takes 28 days' general notice giving the text of the rule and its purpose, a board decision made after considering comments, and notice of adoption within 15 days (§ 4360). Owners of 5% or more can force a reversal vote — requested within 30 days of the notice and held 35 to 90 days after — and a rule that is reversed cannot be readopted for a year (§ 4365).

What the rule must contain

The rule has to cover six things (§ 5105(i)(1)):

• Switching between electronic and written ballots up to 90 days before an election.
• Identical items on both ballot types.
• An opt-out or opt-in model.
• The voting list, and the procedure, in the Annual Policy Statement.
• A valid email address for electronic voters.
• No floor nominations.

The Annual Policy Statement and the fiscal-year clock

The opt-in or opt-out procedure has to appear in the Annual Policy Statement. Electronic voting is not one of the listed items, so it rides in through item (12) (§ 5310). The statement goes out 30 to 90 days before the end of the fiscal year.

Notice and delivery

Individual notice goes out 30 days before the election, with instructions for reaching the voting system (§ 5105(i)(3)). Delivery follows each member's stated preference (§ 4041). An unrecorded governing-document provision doesn't count as a member's agreement to electronic delivery (§ 4040(c)).

A valid email address is one that does not bounce; on a bounce, the association resends to another address the member has given. Opt-in and opt-out requests must be in writing (§ 5260(g)).

Which votes cannot run electronically

Assessment elections require a secret written ballot and cannot run electronically (§ 5100(a)(1), § 5105(i)). The thresholds are a regular assessment more than 20% above the prior fiscal year, or special assessments aggregating more than 5% of budgeted gross expenses (§ 5605(b)).

Who can serve as Inspector of Elections

Not a director, a candidate, or their relative; not an association employee; and not anyone under contract to the association for other compensable services (§ 5110(b)).