OFFICIAL BALLOTS ONLY

QUESTION: Can members distribute their own election ballots?

ANSWER: No. According to Civil Code §1363.03(e), ballots shall be delivered "by the association" to every member. As with municipal, state and federal elections, voters cannot substitute their own ballots for official ballots. To make sure owners are aware of this restriction, boards should include it in their election rules.

Recall Exception. There is an exception where the board fails or refuses to send out ballots for a recall meeting. If that occurs, the members petitioning for the recall may send out their own notice and ballots.

Updated by ADAMS KESSLER 8/21/2007