HOA Elections Requirements in Riverside, California

California HOA Election Requirements

Every California HOA must conduct board elections following strict rules under the Davis-Stirling Act (Civil Code §§ 5100–5145). These requirements apply to all common interest developments — condominiums, planned developments, and community apartment projects — regardless of size. Failure to follow proper election procedures can result in election challenges, board removal, and personal liability for directors.

The Davis-Stirling election provisions were significantly updated in 2024 by AB 2159, which explicitly authorizes electronic voting for HOA elections. This change reflects the growing demand from California HOA boards for modern voting tools that increase participation and reduce the administrative burden of paper-based secret ballot elections.

Secret Ballot Requirements

All HOA elections in California must use secret ballots (Civil Code § 5100). This applies to board elections, assessment increases, rule changes, and any other matter requiring a member vote. Ballots must be mailed or delivered to every member at least 30 days before the election. Each ballot must include a pre-addressed return envelope and instructions for completing and returning the ballot.

The association must designate an independent inspector of elections who is not a board member, candidate, or person related to a board member or candidate. The inspector is responsible for receiving ballots, verifying voter eligibility, counting votes, and certifying results. Inspectors can be a member of the association, a CPA, a notary public, or a professional election management company.

Electronic Voting Under AB 2159

AB 2159, effective January 1, 2024, amended Davis-Stirling to explicitly permit electronic voting in HOA elections. Previously, many associations relied on ambiguous interpretations of the statute to justify online voting. Now the law clearly states that associations may adopt operating rules to allow members to vote by electronic means, provided the system ensures ballot secrecy, voter authentication, and an audit trail.

To implement electronic voting, the HOA board must first adopt operating rules under Civil Code § 4360 that specify: the electronic voting platform to be used, how voter identity will be verified, how ballot secrecy will be maintained, the timeline for electronic ballot submission, and the backup process for members who prefer paper ballots. The operating rules must be distributed to all members at least 28 days before adoption.

Nomination and Candidacy Rules

Davis-Stirling establishes specific requirements for candidate nominations. The association must solicit nominations at least 30 days before the nomination deadline. Any member in good standing may run for the board — the association cannot impose qualifications beyond those in the governing documents (such as being current on assessments). Nominations from the floor must be permitted at the meeting where the election is held.

Boards must provide all candidates with equal access to association media (newsletters, websites, common area bulletin boards) for campaign statements at no cost. Candidate forums, if held, must include all candidates. The association cannot use its funds to support or oppose any candidate.

Quorum and Vote Counting

Unless the governing documents specify otherwise, a quorum for an HOA election is a majority of the voting power (more than 50%). If a quorum is not achieved, the board can call a subsequent meeting with a reduced quorum requirement — typically 25% or as specified in the bylaws. This is a common issue for larger associations and those with many absentee owners.

Ballots must be counted at an open meeting of the board. The inspector of elections must report the number of ballots received, the number of valid ballots, and the results for each position or measure. All ballots must be stored by the inspector for at least one year after the election and are available for review by any member.

Running compliant HOA elections is complex and error-prone. Propty provides built-in electronic voting that meets all Davis-Stirling and AB 2159 requirements — secret ballots, voter authentication, independent inspector tools, and automatic audit trails.

HOA Election Challenges Specific to Riverside

Riverside's HOA landscape is dominated by large master-planned communities — many with 500 to 2,000+ units — where election logistics are fundamentally different from smaller urban condos. Achieving quorum in a 1,500-unit Riverside community requires over 750 returned ballots, a challenge that has historically plagued associations in developments like Eastvale, Jurupa Valley, and the newer communities along the I-15 corridor. Electronic voting adoption under AB 2159 has been transformative for these large Riverside communities, with some reporting quorum achievement rates improving from 35% (paper-only) to over 65% (electronic + paper).

Multi-phase developments common in Riverside create unique election timing issues. When a developer is still actively building and selling phases, they may retain board control under Davis-Stirling § 5820 until 75% of units are sold. During this transition period, homeowner candidates may run for the board alongside developer-appointed directors, creating a mixed governance structure. Riverside buyers in new communities should understand the developer transition timeline and prepare to assume full board control — including establishing election operating rules — as the community approaches the 75% sales threshold.

Riverside County's Mello-Roos Community Facilities Districts (CFDs) sometimes create confusion about what requires an HOA election versus a CFD vote. HOA assessment increases require a member vote under Davis-Stirling procedures (secret ballot, inspector of elections, 30-day notice). Mello-Roos special tax changes follow a separate legal process under the Mello-Roos Act of 1982. Boards must educate members on this distinction, as frustrated homeowners sometimes demand an "HOA vote" on Mello-Roos taxes that are outside the board's control.

Riverside's inland climate — with summer temperatures regularly exceeding 100°F — makes in-person meeting attendance lower during summer months. Boards scheduling elections during July through September should be prepared for reduced turnout at the open ballot-counting meeting. While ballots can be mailed and returned electronically year-round, the Davis-Stirling requirement that ballots be counted at an open meeting means someone must be physically present. Scheduling the counting meeting in an air-conditioned community clubhouse during morning hours can help with attendance during heat waves.