Can my HOA conduct a board election entirely by mail in California?
Reviewed May 2026📘 Short Answer
Yes. California HOA director elections are commonly conducted using secret written ballots that are distributed and returned by mail. Ballots are received and tabulated by an independent inspector of elections, and the ballots must be opened and counted at a properly noticed meeting open to the membership.
⚖️ Relevant California Law
- § Civil Code §5110 — Requires the association to appoint one or three independent inspectors of elections.
- § Civil Code §5115 — Establishes secret-ballot procedures and election administration requirements for director elections and other member votes conducted by secret ballot.
- § Civil Code §5120 — Requires ballots to be opened and counted at a meeting open to members and requires election results to be reported.
🏠 What This Means for Homeowners
California HOA elections are designed to protect ballot secrecy while allowing members to vote without attending an in-person election meeting.
- ✓ Confirm your mailing address on file with the HOA is correct
- ✓ Watch for election notices and ballot materials
- ✓ Follow all ballot instructions carefully
- ✓ Return your ballot before the deadline established by the inspector of elections
- ✓ Attend the ballot-counting meeting if you wish to observe the process
- ✓ Contact the inspector of elections if you believe your ballot was not counted properly
🏢 What This Means for Boards and Managers
Election procedures must protect ballot secrecy, provide adequate voting time, and ensure that independent inspectors administer the election process.
- ✓ Appoint qualified independent inspectors of elections
- ✓ Provide all required election notices
- ✓ Use secret-ballot procedures required by California law
- ✓ Mail ballots and election materials to eligible members
- ✓ Allow sufficient time for ballot return before tabulation
- ✓ Ensure inspectors receive, secure, and tabulate ballots
- ✓ Open and count ballots at a meeting open to the membership
- ✓ Report election results to all members
⚠️ Common Mistakes to Avoid
- ✕ Failing to appoint independent inspectors of elections
- ✕ Using election procedures that do not preserve ballot secrecy
- ✕ Failing to provide required election notices
- ✕ Improper handling or tabulation of ballots
- ✕ Failing to conduct ballot counting at a meeting open to the membership
People Also Ask
Do California HOA board elections require secret ballots?
Yes. Director elections must be conducted using the secret-ballot procedures required by the Davis-Stirling Act.
Who counts HOA election ballots in California?
Independent inspectors of elections receive, secure, and tabulate ballots and report the election results.
Do I have to attend the election meeting to vote?
No. Most members vote by returning their secret ballot before the ballot-counting meeting.
Related Questions
This topic is covered in detail in:
→ HOA Elections Guide
Last reviewed: 2026-05-29 · Version 2026.3