Chapter: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | Association Governance
Article: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | Member Election
Section: 5100 | 5105 | 5110 | 5115 | 5120 | 5125 | 5130 | 5135 | 5145 |

Section 5100 - Secret Ballot Requirement

(a) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article.

(b) This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article.

(c) The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents.

(d) The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives.

(e) In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail.

(f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director.

This section is referenced in Sections 4365, and 5145

Prior Law:  Old CID Sections 1363.03 (b), (l), (m), (n)

Amended:  Statutes of 2012, Chapter 180 and Statutes of 2014, Chapter 661

Similar to CI-CID: None