CUMULATIVE VOTING

How It Works. If there are 5 directors who serve 1-year terms, then all 5 come up for election each year. Under cumulative voting, members have 5 votes which may be distributed in any manner they choose (as long as no more than 5 votes are cast):

• 5 votes for one candidate, or
• 4 votes for one candidate and 1 for another, or
• 3 votes for one candidate and 2 for another, or
• 2 votes for one candidate, 2 for another, and 1 for a 3rd, or
• 1 vote each for 5 candidates

Cumulative Voting Required. Associations must allow for cumulative voting if cumulative voting is provided for in the governing documents. Civil Code §1363.03(b)

Removing Cumulative Voting. Because cumulative voting increases the cost and uncertainty of elections and increases the potential for error and legal challenges, associations should consider adopting conventional voting systems, i.e., casting no more than one vote for each candidate--the same election process used in city, state and national elections. This forces candidates to seek a broader base of support thereby increasing the likelihood that more moderate, business-like candidates, rather than disruptive, fringe candidates, will be elected. To implement a conventional voting process, associations must amend their governing documents to delete cumulative voting.

We offer a package of bylaw amendments at an affordable flat fee to make elections run smoother and less costly.

Updated by ADAMS KESSLER 9/8/2008