Secret Ballots

Certain votes must be conducted by secret ballots, such as elections regarding assessments legally requiring a vote, election and removal of members of the association board of directors, and amendments to the governing documents. Unless an exception applies, the grant of exclusive use of the common area shall also be held by secret ballot. Secret ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member at least 30 days prior to the deadline for voting. The ballot itself must not be signed, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed and signed. The secret ballot must be returned in the two envelopes to the inspector(s) of elections. Members may request receipt for delivery. See California Civil Code section 5115.

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