Assessment and Special Assessment Votes
Assessment increases that legally require a member vote are secret-ballot matters under Civil Code § 5100(a)(1), and they come with a trap: § 5105(i) expressly excludes elections regarding regular or special assessments from electronic secret balloting. However your association votes on everything else, an assessment vote is paper. We run it that way and we will tell you so before you budget for an online vote you cannot legally hold.
Who this is for
Boards funding a reserve shortfall or a capital project, where a failed or challenged vote means the work does not happen.
What's included
- Paper secret ballots, the only lawful method for this vote type
- Voting power determined per separate interest before ballots go out
- Double-envelope mailing with the required disclosures
- Public count and a signed certified result
- Ballots retained through the § 5145 challenge period
Where we run this
Assessment and Special Assessment Votes for homeowners associations in San Diego County and Sacramento County. The count happens in public at your meeting under Civil Code § 5120, so we only take on elections where we can be in the room or on the call for it.