California HOA Election Rules
- Kelly G. Richardson
- Mar 17
- 3 min read
California has updated its laws, giving homeowner associations (HOAs) the option to conduct member votes electronically.
Recent amendments to Civil Code Sections 5105, 5115, 5120, and 5125 of the Davis-Stirling Act, which governs community associations, now allow HOAs to adopt electronic voting—provided they meet specific requirements.
What’s New?
A new provision, Civil Code Section 5105(i), enables HOAs to update their election rules to permit electronic voting, even if their bylaws or CC&Rs (Covenants, Conditions & Restrictions) previously required only paper ballots. However, one key exception remains: votes on regular or special assessments must still be conducted using paper ballots.
To ensure compliance and avoid confusion, HOAs considering bylaw or CC&R amendments may want to include provisions aligning with these new rules.
Key Electronic Voting Requirements for HOAs
If an HOA adopts electronic voting, its election rules must specify that members will receive notice of:
Their right to opt out of electronic voting.
Their current chosen voting method.
The email address to be used if they select electronic voting.
How they can opt out.
The deadline for opting out.
This opt-out notice must be sent at least 30 days before the opt-out deadline, which itself must be at least 90 days before the election. This means HOAs planning to use electronic voting need to begin preparations at least 120 days before the vote.
Additionally, HOAs must:
Provide paper ballots to members who opt out or for whom they lack an email address.
Maintain a record of each member’s voting preference.
Require electronic voters to provide a valid email address.
Prohibit nominations from the floor in elections conducted electronically.
At the same time paper ballots are typically mailed (30 days before the election deadline), electronic voting instructions must be sent to those voting electronically. As with paper ballots, once an electronic vote is submitted, it cannot be revoked. These votes also count toward quorum requirements, just as if the voter were present.
Safeguarding Election Integrity
According to Civil Code Section 5110(b), electronic voting must be managed by an Inspector of Elections. The system used must:
Ensure vote secrecy.
Authenticate voter identities.
Prevent vote tampering during transmission.
Send a receipt to each voter.
Separate voter identity from ballots.
Since these requirements are highly technical, the electronic voting service provider will effectively serve as the Inspector of Elections.
A Cost-Saving Update for Governing Document Amendments
One significant benefit of the new law is Civil Code 5115(g)(2), which allows governing document amendments to be sent electronically. Previously, a full copy of the proposed amendments had to be included with ballots—an often costly requirement.
As with paper ballots, under Civil Code Section 5120, the electronic vote tally sheet cannot be viewed by anyone—including HOA managers or members—until the official ballot counting process begins.
Has Your HOA Considered an Automatic “Opt-In” for Email?
To streamline communication, HOAs can amend their CC&Rs to automatically opt members into email communications. Has your HOA taken advantage of this option?
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Submit questions to Kelly@roattorneys.com.
Switching to electronic voting?
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