community associations May use electronic balloting when conducting elections.

ASSEMBLY BILL 2159 – Electronic Voting.

AB 2159 allows community associations to use electronic balloting when conducting elections. By amending Civil Code Sections 5105. 5110, 5120, 5125, 5200, and 5260, the language supersedes provisions in the bylaws that would prohibit or restrict electronic voting.

This bill authorizes an association to adopt election rules that allow an association to conduct an election by electronic secret ballot, regardless of limitations existing in the bylaws. All owners will vote electronically unless the owner “opts out” no later than 90 days before an election, in which case that owner will receive a traditional paper ballot. The statute includes additional notices to ensure that owners are aware of key deadlines prior to the election process.

AB 2159 does not allow electronic voting for elections on assessment increases and prohibits nominations from the floor for any director election held electronically.

This law is viewed as an important measure to facilitate community association governance and director elections. Electronic voting is expected to benefit community associations through savings of time and expense experienced in traditional paper ballot elections, and is anticipated to increase member participation in association elections.