Tag: Voting

Elections: Is Cumulative Voting Right for Your Clients?

Cumulative voting for board elections isn’t common, but community associations that do use it should take the time to evaluate whether it’s the right path to continue to follow. On its face, it might seem fairly democratic. In reality, it can give place too much power in some voters’ hands — including voters who don’t…

Voter Apathy Not Necessary to Have Court Amend Voting Rules

In California, associations that can’t get a popular CC&R amendment passed because of supermajority voting requirements have another option — they can ask a court to amend the voting requirement to make it less onerous. A common question in such situations is whether an association must show voter apathy before a court can act. In…

Court Petition to Amend CC&Rs without Required Votes Needn’t Show Voter Apathy

California law lets an association turn to the courts to change the percentage of votes required to amend its CC&Rs, a helpful provision when communities have trouble reaching a super-majority. Opponents may claim that an association has to prove “voter apathy” to go this route, but a state court of appeals has made clear that…