|
With the Governor’s signing of AB 2159 and AB 2460, Associations will have the option to utilize electronic voting as of January 1, 2025. But, this option is not self-enacting. Instead, only Associations whose election rules allow for electronic voting and meet other requirements will be able to utilize the electronic voting option. Further, the Inspector of Elections utilized by the Association must be capable of conducting an election by electronic secret ballot utilizing an internet-based voting system.
There are ramifications to enabling the electronic voting as an option. For example, a new election-related notice would need to be provided at least 120 days before an election. For an election of directors that utilizes the option, nominations from the floor must be prohibited. The voting list must indicate which members will vote by electronic secret ballot. Information on the secret ballot option would need to be added to the Association’s Annual Policy Statement.
Electronic voting can be an option for the election of directors or governing document amendments, but it cannot be used for an election regarding regular or special assessments.
Associations that want to consider using electronic voting next year will want to start the process soon for amending/adopting election rules. That process will require compliance with the 28 day member notice and comment requirements applicable to most operating rule amendments. Plus keep in mind that election rules cannot be amended less than 90 days before an election (Civil Code Section 5105(h)(4)(B)(iii).)
Our Firm is available to assist our clients with legal guidance to comply with this legislation. For associations who are not currently working with our Firm, but are interested in doing so, please contact Manager of Client Relations Diane Weissberg at 1-877-31FIORE or by email at dweissberg@fiorelaw.com for assistance.
| 
