Cumulative Voting in HOAs, What’s the Rule on It?

Below is a question about cumulative voting. I get these all the time. Look beyond the failure to use capitals, I find some people do this in emails.

“in my association, we have 5 board members.  i am a candidate.  i want to vote for myself with my 5 votes, rather than one each for 5 candidates.

[The ___ Association documents say this:]

each member may cumulate his

votes and give one candidate or divide among the candidates for director a number of votes equal to the
number of lots owned by the member multiplied by the number of directors to be elected.”
Although there is not a question in the email, I assume it is whether the HOA should allow this person to cumulate their votes. The answer is Yes – if the bylaws allow for cumulative voting, then the HOA should note this in the Election Rules and explain it in the balloting materials. Although some attorneys in California would disagree, I do not believe it is debatable, and this was made clear in the Sept 2006 cleanup law to try and resolve outstanding issues such as what should be done about cumulative voting. Prior to the new comprehensive HOA elections law which came into play in 2006, the California Corporations Code said that cumulative voting could not be used when mail balloting. That has changed.
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