Election Ballots..Are They Revocable?

I have received the following question several times lately and thought that I would post the question and the answer; " When does a secret ballot become irrevocable?" I have received this question from both HOA Board members and community owners presumably because they have voted and have later changed their mind.

The answer is contained in Civil Code Section 1363.03 (f), which states "Once a secret ballot is received by the inspector of elections, it shall be irrevocable."

Homeowners Association (HOA) Attorney
Note: The information contained is not legal advice and does not establish an attorney-client relationship. Contact us via email Ryan.McClure.Esq@gmail.com, website: http://www.rpmcclurelaw.com/, or call us at 951.818.0687

HOA Rentals

Many HOA communities have detailed rental restrictions contained within their governing documents. A community can restrict the number or units or the percentage of units rented at any given time.

The basis for this restriction lies in the preservation of the community. It is thought that by limiting the number of units that were rented at any given time would preserve the aesthetic features of the community and therefore promote and preserve the value of the community.

Whether this holds true or not more than likely depends on the community.

Rental issues within a HOA come up in two very distinct ways. First, I receive numerous phone calls from both Board members and community members asking whether they are enforcing the rental restrictions in accordance with the governing documents correctly. Of course, I get the same number of calls from absent owners that wish to rent out their unoccupied condo and are receiving resistance from the HOA Board. Generally, a reasonable restriction on the number or percentage of units that can be rented at any given time will be enforceable. However, out right bans against "any" renting would more than likely be a unreasonable restriction and probably would not be upheld by a court hearing the matter.

The second area where rentals comes up is with the lending industry. Most lenders ask what number of units or what percentage of units are rentals before making any lending commitments within a specific community. This kind of scrutiny can be detrimental to resident owners and absent owners alike.

Careful consideration should be taken when enforcing rental restrictions within HOA communities and absent owners and renters alike should understand that reasonable restrictions will more than likely be enforceable and not subject to challenge.

Homeowners Association (HOA) Attorney
Note: The information contained is not legal advice and does not establish an attorney-client relationship. Contact us via email Ryan.McClure.Esq@gmail.com, website: http://www.rpmcclurelaw.com/, or call us at 951.818.0687