VOTING AND ELECTIONS

SECRET BALLOTS
What does the “secret ballot” election law not apply to?

The election law (found in Civil Code §1363.03) requires use of the secret ballot for the election and removal of directors, the amendment of governing documents, elections regarding assessment increases that require a vote, and grants of exclusive use of common area. The statute does not require use of secret ballots for any other votes of the members.

Is it true that the “secret ballot” election law does not apply to a vote to repeal a rule adopted by the board?

Yes. Only election and removal of directors, the amendment of governing documents, elections regarding assessment increases that require a vote, and grants of exclusive use of common area require use of secret ballots under Civil Code 1363.03.