HOA Elections Requirements in San Francisco, 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 San Francisco

San Francisco's housing stock — dominated by small-to-medium condominium buildings rather than large master-planned communities — creates election dynamics distinct from the rest of California. The typical San Francisco condo association has 4 to 20 units, meaning elections often involve very small electorates where a single ballot can determine the outcome. This makes strict compliance with Davis-Stirling election procedures especially important, as even minor procedural errors in a 6-unit building election are likely to change the result and invite legal challenge.

The TIC-to-condo conversion pathway in San Francisco creates a critical election moment for newly formed associations. When a tenancy-in-common building wins the city's annual condo conversion lottery, the new association must be established and the first board election conducted within the timeline specified in the conversion approval. Many TIC co-owners have operated informally for years and are unfamiliar with Davis-Stirling election requirements. Boards forming from TIC conversions should engage an HOA attorney to oversee the first election and establish proper bylaws and election operating rules from the start.

San Francisco's high proportion of owner-occupied condos (compared to cities with more investor-owned rental units) tends to produce higher election participation rates. However, the city also has a significant number of trust-owned and LLC-owned units, which creates complications around voting eligibility and ballot delivery. Davis-Stirling requires that ballots be sent to the address of record for each owner — for trust-owned units, this is the trustee's address, not necessarily the unit address. Boards should maintain an accurate membership roster that includes entity ownership details and current trustee contacts.

Small associations in San Francisco (under 10 units) benefit from some simplified Davis-Stirling provisions, but election requirements are not among them. Even a 4-unit condo must use secret ballots, appoint an independent inspector, and provide 30 days notice. Given the administrative burden on small volunteer boards, electronic voting platforms like Propty are particularly valuable for San Francisco small associations — they automate ballot distribution, voter authentication, and result certification, reducing the compliance workload from hours to minutes.

The San Francisco Rent Board's jurisdiction over tenant-occupied condo units creates a unique voting rights consideration. Tenant-members (in buildings where tenants have voting rights under the CC&Rs) may vote differently from owner-members on issues like assessment increases and maintenance spending. Boards should clearly distinguish between owner voting rights and any tenant advisory votes, and ensure the inspector of elections applies the correct membership list for each ballot measure.