Written Ballot

A “written ballot” is a term of art with a very special and limited meaning that requires more than just a ballot that is written. It is a method by which a corporation may take a vote of the members without a meeting. It is defined in Corporations Code section 5080, and the specific procedures required are found in Corporations Code sections 7513 & 7514. Refers to the requirement that certain votes by homeowners be taken pursuant to a written ballot. The Davis-Stirling Act calls for secret written ballots on the following issues: election or removal of directors by the homeowners; amendments to the CC&Rs, bylaws or articles; vote by the homeowners on a request for exclusive use of common areas; vote by the homeowners on specified large (a) special assessments or (b) increases in regular assessments. Governing documents may require other homeowner votes to be taken by means of written ballots as well. The Corporations Code permits corporations to conduct votes by mail as well.

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