As set forth in Civil Code Section 5115(a), ballots shall be distributed by the association to every member. Voters may not substitute their own ballots for official ballots provided by the association. To make certain owners are aware of this restriction, boards should include it in their election rules.

 

Proxies
Good Idea or Bad Idea?

 

Some members of homeowner associations ask their neighbors for proxies so they can vote for their neighbors.

Owners can simply mark their ballot and mail it to the inspector of elections in the envelopes provided. It is not necessary to allow another person to decide how your vote will be cast.

Proxy holders are not required to honor any instructions provided by a proxy giver. The proxy holder can decide how to cast the ballot provided to him or her.

The purpose of voting by mail to assure secret ballot voting. Proxies eliminate the secrecy aspect of the voting process.

While every member of an association has the right (subject to any limitations set both in the governing documents) to give away their right to vote. It is important to be fully informed before doing so.

The reason someone solicits proxies is to build a voting block in order to acquire control. This may or may not be advantageous to the association.

The bottom line is that every owner receives a ballot and mailing envelope and can vote without giving someone else the power to vote for him.

 

Unsigned Ballot Envelopes