Real Estate & Property Law

CAN HOMEOWNERS GET BALLOTS BACK?

FINALLY, I get a brief question that is easy to answer. From a reader:

"A brief question if I may ? In an HOA vote [ 2 envelope system ] on an assessment; can a member request the return of a ballot previously mailed to the management company if the request is made before the ballots are opened? ?. or is this return precluded by law?"

California Civil Code Section 1363.03 provides that ballots are not revocable once provided to the Inspector of Election. So the easy answer is that an owner is not entitled to get their ballot package back - in California any way.

The statute itself is unequivocal in its terms, but that is not to say that there can be NO exceptions. Facts or circumstances may occur that could affect that premise. Some examples might be fraud, coercion, mistake, or other issues related to voting materials. So I never say never.

Full post as published by California Condo & HOA Law on May 15, 2008 (boomark / email).