Record Date for Meetings and Voting

Meetings

The bylaws of an association may provide, or in the absence of such a provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to notice of any meeting of members. Such record date shall not be more than 90 days nor less than 10 days before the date of the meeting. If no record date is fixed, members at the close of business on the business day preceding the day on which notice is given, are entitled to notice of a meeting of members. A determination of members entitled to notice of a meeting of members shall apply to any adjournment of the meeting unless the board fixes a new record date for the adjourned meeting.

 

Voting

The bylaws of an association may provide, or in the absence of such a provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to vote at a meeting of members. Such record date shall not be more than 60 days before the date of the meeting. Such record date shall also apply in the case of an adjournment of the meeting unless the board fixes a new record date for the adjourned meeting. If no record date is fixed, members on the day of the meeting who are otherwise eligible to vote are entitled to vote at the meeting of members, or in the case of an adjourned meeting, members on the day of the adjourned meeting, who are otherwise eligible to vote are entitled to vote at the adjourned meeting of members.

 

Written Ballots

The bylaws may provide, or in the absence of such a provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to cast written ballots (California Civil Code Section 7513). Such record date shall not be more than 60 days before the day on which the first written ballot is mailed or solicited. If no record date is fixed, members on the day the first written ballot is mailed or solicited who are otherwise eligible to vote are entitled to cast written ballots.

 

Other Matters

The bylaws may provide, or in absence of such provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to exercise any rights with respect of any other lawful action. Such record date shall not be more than 60 days prior to such other action. If no record date is fixed, members at the close of business on the day prior to the date of such other action are entitled to exercise such rights.

 

The vast majority of HOA boards establish the record date as the mailing date.

 

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