What's In Store for SB 100's Secret Ballot Requirement?
We have heard many opinions on SB 100's requirement that all board member elections be conducted by secret ballot. Some believe such a requirement does not mesh with actual association election practices, while others contend that such a requirement is a necessity for fair elections. The newly introduced SB 100 clean-up bill Senate Bill 06-089 proposes a different approach.
The proposed amendment to section 38-33.3-310 would require a secret ballot for contested elections, allowing associations to dispense with the secret ballot for uncontested elections. Senate Bill 100 also provides that a secret ballot is required for votes on any other matter at the request of one or more owners. In Senate Bill 06-089, this requirement has been proposed to be modified to requiring a secret ballot for such votes at either the discretion of the board or at the request of twenty percent of the unit owners present at the meeting or represented by proxy, if a quorum has been achieved.