How to Run an HOA Election in California in 2026: The Complete Step-by-Step Guide

Running an HOA election in California isn't optional — it's the law. Under the Davis-Stirling Common Interest Development Act, every California HOA must hold board elections by secret ballot at least once every four years (Civil Code § 5100). Get it wrong, and your association faces lawsuits, voided results, and penalties up to $500 per violation.

This guide walks you through the complete California HOA election process for 2026, including the new electronic voting rules under AB 2159 that took effect January 1, 2025.

What California Law Requires for HOA Elections

California Civil Code §§ 5100–5145 govern every HOA election in the state. These rules apply to both incorporated and unincorporated associations, and they override any conflicting provisions in your governing documents (§ 5100(c)(e)).

Here's what must be decided by secret ballot:

- Election and removal of directors
- Assessment increases that legally require a member vote
- Amendments to governing documents (CC&Rs, bylaws)
- Grants of exclusive use of common area (§ 4600)

ℹ️ Note: Your HOA may also designate additional topics as subject to these election rules through your operating rules (§ 5100(b)).

Step 1: Adopt Election Operating Rules (90+ Days Before)

Before you can hold an election, your association needs written election operating rules that comply with Civil Code § 5105. These rules cannot be amended within 90 days of an election.

Your operating rules must address:

- Candidate qualifications and nomination procedures — you must allow self-nomination
- Equal access to association media for all candidates, including those not endorsed by the board
- Free access to common area meeting spaces for campaign purposes
- Voting power of each membership and proxy rules
- Voting period with specific open and close times
- Inspector of Elections selection method
- Candidate registration list and voter list maintenance

💡 Tip: Review your election rules annually — well before the 90-day freeze. Once you're inside 90 days, it's too late to make changes.

Step 2: Appoint an Inspector of Elections

Every California HOA election requires one or three independent Inspectors of Elections (Civil Code § 5110). This is non-negotiable.

Who Can Serve as Inspector?

An Inspector must be an independent third party. Qualified individuals include:

- A volunteer poll worker with the county registrar of voters
- A licensee of the California Board of Accountancy (CPA)
- A notary public
- A regular HOA member (who is not a director, candidate, or related to either)

Who Cannot Serve?

- Current directors or candidates for the board
- Anyone related to a director or candidate
- Any person or business currently under contract to the association for other services (including your management company's employees, if they provide other services)

What Does the Inspector Do?

The Inspector handles the entire election process:

1. Determines the number of eligible voters and voting power
2. Validates proxies
3. Receives and secures all ballots
4. Ensures electronic voting compliance (if applicable)
5. Hears and decides challenges to voting rights
6. Counts and tabulates all votes at the open meeting
7. Determines and announces results

Step 3: Prepare Candidate Nominations (60+ Days Before)

Send a general notice of the nomination procedure and deadline at least 30 days before the nomination deadline closes (§ 5115(a)).

Candidate Qualification Rules

California law is strict about who you can and cannot disqualify from running:

Mandatory disqualification:
- Non-members at time of nomination
- Members who've hit the term limit in your bylaws

Permitted disqualification (only if in your bylaws or election rules):
- Unpaid regular or special assessments (but not fines, late charges, or collection costs)
- Joint owners where the co-owner is already a director or candidate
- Members with less than one year of membership
- Criminal convictions that would affect the HOA's insurance

Never allowed:
- Disqualifying a member who hasn't been given the chance for internal dispute resolution (§ 5105(e))
- Preventing any member from self-nominating (§ 5105(a)(3))

Step 4: Distribute Ballots and Election Notice (30+ Days Before)

At least 30 days before the voting deadline, you must deliver to every member:

1. The ballot (or access to the electronic voting system)
2. A copy of the election operating rules (or a link to them posted online)

Your notice must include:

- The date, time, and physical address for ballot return
- Electronic voting instructions (if offered)
- The date, time, and location of the vote-counting meeting
- The complete list of all candidates

The Double-Envelope System (Paper Ballots)

California law requires a specific double-envelope system modeled after the state's vote-by-mail process (§ 5115(c)):

1. The ballot — no voter name, address, or unit number appears on it
2. Inner envelope — sealed, containing the ballot, with no identifying information
3. Outer envelope — sealed, containing the inner envelope. The voter signs their name and indicates their address or unit number on the upper left corner
4. Addressed to the Inspector of Elections for return by mail or hand delivery

⚠️ Warning: Skipping the double-envelope system is one of the most common grounds for election challenges. Don't improvise here.

Step 5: Offer Electronic Voting (New for 2025–2026)

Thanks to AB 2159, which took effect January 1, 2025, California HOAs can now conduct elections using internet-based electronic secret ballots. This is a significant change that can dramatically increase voter participation.

Requirements for Electronic Voting

If your HOA offers electronic voting, the system must meet specific requirements under Civil Code § 5110(c)(4):

For each voter, the system must provide:
- A method to authenticate the voter's identity
- A method to transmit the ballot securely while ensuring secrecy and integrity
- A confirmation at least 30 days before the deadline that the member's device works with the system

The voting system itself must:
- Authenticate each voter's identity
- Validate that ballots aren't altered in transit
- Send a receipt to each voter who casts a ballot
- Permanently separate identifying information from the ballot (making it impossible to trace a vote back to a member)
- Store ballots so they're accessible for recount, inspection, and review

Can You Go Fully Electronic?

Yes — with one important exception. Under § 5115(f), elections can be conducted entirely by mail, electronic ballot, or a combination. However, the vote-counting meeting must still be held as a public, noticed meeting of the board or members (§ 5120(a)). For electronic ballots, no one may review the tally sheet before that meeting.

💡 Tip: Even with electronic voting, you should still offer paper ballots to members who request them. Not everyone is comfortable with digital tools.

Paper vs. Electronic Voting: A Comparison

Factor — Paper Ballots — Electronic Voting (AB 2159)

Legal authority — Civil Code § 5115(c) — Civil Code §§ 5105, 5110(c)(4)

Setup complexity — Low — envelopes and printing — Medium — requires compliant platform

Voter convenience — Must mail or hand-deliver — Vote from any device, anytime

Participation rates — Typically 15–30% — Often 40–60%+

Ballot secrecy — Double-envelope system — System must permanently separate identity from vote

Cost per election — Printing + postage ($3–8/unit) — Platform subscription

Recount capability — Physical inspection — Digital records stored for review

Receipt to voter — Member may request delivery receipt — Automatic receipt required

Common errors — Envelope mistakes, lost mail — Device compatibility issues

Understanding Quorum Requirements

A quorum is only required for an HOA election if your governing documents or other law says so (§ 5115(d)(1)). But most HOA bylaws do require one.

What Counts Toward Quorum?

Each ballot received by the Inspector of Elections counts as a "member present at a meeting" for quorum purposes (§ 5115(d)(1)). This means mailed and electronic ballots count — members don't need to attend in person.

What If You Don't Reach Quorum?

If your association's governing documents require a quorum and you don't meet it, here's the process:

1. Adjourn the meeting to a new date at least 20 days later
2. Send notice of the reconvened meeting at least 15 days before the new date
3. At the reconvened meeting, the quorum drops to 20% of members (unless your governing documents set a lower threshold)
4. Ballots already submitted still count

ℹ️ Note: If your association is incorporated as a mutual benefit corporation and your bylaws don't specify a quorum, the default under Corporations Code § 7512 is a majority of voting power. That's a high bar — consider setting a lower quorum in your bylaws.

Election Day: Counting the Votes

The vote count must happen at a properly noticed, open meeting of the board or members (§ 5120(a)).

Rules for the Counting Meeting

- Any candidate or member may witness the counting
- No one — including board members and management company employees — may open or review any ballot before the meeting
- The Inspector may verify member information and signatures on outer envelopes before the meeting
- Once the Inspector receives a ballot, it is irrevocable
- Electronic ballot tally sheets also cannot be reviewed before the meeting

After the Count

- Results are reported to the board and recorded in the minutes
- The board must give general notice of the results within 15 days
- Results must be available for member review

Election by Acclamation (When Candidates ≤ Vacancies)

If the number of qualified candidates doesn't exceed the number of open seats, your HOA may skip the ballot entirely and seat candidates by acclamation (§ 5103). But there are strict conditions:

1. The association held a regular election within the last 3 years
2. An initial notice was sent at least 90 days before the nomination deadline
3. A reminder notice was sent 7–30 days before the nomination deadline
4. Nominees were acknowledged within 7 business days
5. The board votes to seat by acclamation at an open meeting

7 Common Mistakes That Void HOA Elections

1. Using a non-independent Inspector — Board members or management company staff cannot serve
2. Missing the 30-day notice/ballot deadline — Ballots must reach members 30 days before the voting deadline
3. Opening ballots early — No one touches sealed ballots until the counting meeting
4. Improperly disqualifying candidates — You can't disqualify for fines, only unpaid assessments
5. Not allowing self-nomination — Every member has the right to nominate themselves
6. Amending election rules too late — No changes within 90 days of an election
7. Skipping the double-envelope system — Paper ballots require the inner/outer envelope process

Each of these mistakes can lead to a civil action under § 5145, with the court voiding results and awarding attorney's fees and penalties to the prevailing member.

Frequently Asked Questions

How often must a California HOA hold board elections?

At least once every four years, and at the expiration of each director's term (Civil Code § 5100(a)(2)). Most HOAs hold annual elections.

Can HOA elections be conducted entirely by mail?

Yes. Under § 5115(f), elections may be conducted entirely by mail, electronic secret ballot, or a combination — except that the vote-counting meeting must still happen at a noticed, open meeting.

Who pays for the Inspector of Elections?

The association pays. The Inspector is selected by the board, elected by members, or chosen through another method specified in the election rules.

Can a board member serve as Inspector of Elections?

No. The Inspector must be an independent third party who is not a director, candidate, or related to either (§ 5110(b)).

What happens if no one runs for the board?

If no candidates are nominated, the existing board may continue to serve under a holdover provision until successors are elected. The association should make efforts to recruit candidates and hold a new election.

Is electronic voting now legal for California HOAs?

Yes. AB 2159, effective January 1, 2025, explicitly authorizes internet-based electronic secret ballot voting, provided the system meets the security and privacy requirements in Civil Code § 5110(c)(4).

How Propty Simplifies HOA Elections

Managing an HOA election in California means juggling strict timelines, legal requirements, and member communications. Propty helps board members and property managers stay compliant at every step:

- Automated election timelines with reminders for every deadline — from the 90-day rule freeze to the 15-day results notice
- Digital ballot management that supports both paper and electronic voting workflows
- Member communication tools for sending notices, candidate information, and results
- Compliance tracking so you always know where you stand with Civil Code requirements
- Document storage for election materials, ballots, and inspector records that must be retained

Whether you're running your first election or your twentieth, Propty keeps you organized and compliant with California's Davis-Stirling Act requirements.

[See how Propty simplifies HOA management →](https://propty.io)

*This guide is for informational purposes only and does not constitute legal advice. For specific questions about your HOA's election procedures, consult a California HOA attorney.*