Member Election
Cal. CIV § 5100
California Statutes
(a)
(1) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to
Section shall be held by secret ballot in accordance with the procedures set forth in this article.
(2) An association shall hold an election for a seat on the board of directors in accordance with the procedures set forth in this
article at the expiration of the corresponding director’s term and at least once every four years. (
b) This
article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article. (
c) The provisions of this
article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents. (
d) The procedures set forth in this
article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives. (
e) In the event of a conflict between this
article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with
Section 7110) of Division of Title of the Corporations Code) relating to elections, the provisions of this
article shall prevail. (
f) Directors shall not be required to be elected pursuant to this
article if the governing documents provide that one member from each separate interest is a director.