Elections and Voting

Laws governing VOTING in associations come into play during a number of events – not just the election of board directors.  Associations and homeowners must comply with both the Corporations Code and the Civil Code laws on voting and elections when

  • Amending governing documents
  • Choosing/recalling board directors
  • Voting on special assessments; a homeowner vote is required if the dollar amount of the proposed special assessment exceeds 5% of the HOA’s gross expenses for the current year.
  • Voting on regular assessments if the proposed amount exceeds 20% of the prior’s year’s regular assessment
  • The association is considering the acquisition or sale of common areas, e.g. greenbelts
  • Granting of exclusive use rights to common areas to individual owners
  • Challenging Operating Rules adopted by a board under Civil Code Sections 4340-4370
  1. Home
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  3. Resolving Disputes
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  5. Using the Courts
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  7. Small Claims Court
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  9. Elections and Voting Overview


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