Voting

The process by which homeowners or board members formally express their approval or disapproval of a proposal. Voting is the fundamental mechanism of democratic governance in a homeowners association. Voting rights are typically allocated based on unit ownership, with each unit or lot receiving one vote, though some governing documents allocate votes based on square footage or ownership percentage. There are two distinct contexts for voting: board votes (where directors vote at board meetings to conduct association business) and member votes (where homeowners vote on matters such as board elections, governing document amendments, and special assessments). Different approval thresholds may apply depending on the matter: a simple majority (more than 50%) is common for routine board decisions, while supermajority votes (often two-thirds or 75% of the voting power) may be required for amending CC&Rs, approving large special assessments, or granting exclusive use of common area. Some matters may require a unanimous vote, though this is rare. In California, the Davis-Stirling Act specifies which matters require member approval and the applicable thresholds (Civil Code Sections 4600, 5605, and others). Member votes on elections and most other matters must be conducted by secret ballot. Board votes at meetings are typically conducted by voice vote or show of hands, with the results recorded in the minutes. Understanding what requires a board vote versus a member vote, and what approval threshold applies, is essential for board members to avoid making decisions they lack the authority to make unilaterally.