What are the rules for HOA elections in California?

📘 Short Answer

California HOA elections are governed by Civil Code §§5100–5145. HOAs must adopt written election rules, appoint independent inspectors of elections, and conduct director elections using secret written ballot procedures required by the Davis-Stirling Act. Election results must be tabulated by the inspector of elections and reported to the membership.

⚖️ Relevant California Law

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Civil Code §5100 — Establishes the general requirements for HOA elections and member voting rights.
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Civil Code §5105 — Requires HOAs to adopt written election rules covering candidate qualifications, nominations, voting procedures, and election administration.
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Civil Code §5110 — Requires the association to appoint one or three independent inspectors of elections.
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Civil Code §5115 — Establishes secret-ballot procedures and election administration requirements for director elections and other member votes conducted by secret ballot.
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Civil Code §5145 — Authorizes members to bring an action for violations of HOA election laws and provides available remedies.

🏠 What This Means for Homeowners

If your HOA's election did not follow California election procedures, the election may be subject to challenge under the Davis-Stirling Act.

Request a copy of the association's election rules
Confirm independent inspectors of elections were appointed
Verify that secret written ballot procedures were used
Review the election results and inspector's report
Document any election irregularities or procedural violations
Consult legal counsel regarding potential remedies under Civil Code §5145 if significant violations occurred

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🏢 What This Means for Boards and Managers

Strict compliance with California election laws protects the validity of election results and reduces the risk of election challenges.

✓ Maintain current written election rules
✓ Appoint qualified independent inspectors of elections
✓ Follow all secret-ballot procedures required by law
✓ Provide required election notices and deadlines
✓ Ensure candidates receive equal treatment during the election process
✓ Retain election materials and records as required by law
✓ Promptly report election results to the membership

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⚠️ Common Mistakes to Avoid

✕ Conducting director elections without secret written ballots
✕ Failing to appoint qualified independent inspectors of elections
✕ Ignoring the association's adopted election rules
✕ Treating candidates differently during the election process
✕ Failing to retain required election records