Why HOA Election Procedures Are So Heavily Regulated
HOA elections determine who controls hundreds of thousands — sometimes millions — of dollars in community funds and has authority over homeowners' most valuable asset: their homes. It's no surprise that they're the subject of more HOA litigation than almost any other issue. California and most other states have enacted detailed statutory requirements precisely because the stakes are high and the potential for abuse is real.
This guide covers the end-to-end election process for California associations subject to Davis-Stirling. Associations in other states should verify applicable state law requirements.
Step 1: Review Your Governing Documents and Applicable Law
Before beginning any election, review your CC&Rs, bylaws, and operating rules alongside current Davis-Stirling requirements. Where there's a conflict between your governing documents and the statute, the statute governs. Common areas of conflict include notice periods, ballot procedures, and quorum requirements.
Pay particular attention to: the number of seats up for election, term lengths, eligibility requirements for candidates (some documents disqualify delinquent homeowners), and any supermajority requirements for bylaw amendments that might appear on the same ballot.
Step 2: Appoint a Qualified Inspector of Elections
California Civil Code Section 5110 requires associations to use an inspector of elections who is not the association manager, not a board member, and not a candidate. The inspector (or inspectors — you may appoint up to three) is responsible for verifying ballots, counting votes, and certifying election results.
Good choices for inspector include: an HOA attorney (often the most defensible choice), a professional election services company, a CPA who is independent of the association, or a reputable community member with no personal stake in the outcome. Document the appointment in board meeting minutes.
Step 3: Send the Candidate Nomination Notice
Members must receive advance notice that the election is upcoming and that nominations are open. This notice must go to all members (not just homeowners in good standing) and must specify the deadline for candidate nominations. Best practice is to allow at least 30 days for nominations.
The notice should include: the date, time, and location of the election; the number of seats available; candidate eligibility requirements; and instructions for submitting a nomination. Include a form or clear directions for both self-nomination and nomination of others.
Step 4: Distribute Candidate Information
Once the nomination deadline passes, compile the candidate list and distribute candidate statements (if any were submitted) to all members along with the secret ballot and double-envelope materials. This distribution must occur at least 30 days before the election.
Each candidate should have equal opportunity to submit a statement of reasonable length (typically 200–300 words). The association may not charge candidates for distributing reasonable statement lengths. All statements should be reproduced without editing.
Step 5: The Secret Ballot and Double-Envelope Process
California law requires a double-envelope secret ballot process. Here's how it works:
- Inner ballot envelope: Contains only the completed ballot. This envelope is not signed and contains no identifying information.
- Outer identification envelope: The voter signs and provides identifying information on this envelope. The inspector uses this to verify voter eligibility without knowing how they voted.
- Return process: Voters return the signed outer envelope containing the sealed inner envelope to the inspector — not to the association or board.
The inspector verifies voter eligibility by checking the outer envelope signatures against the membership list, then separates the inner ballots from the outer envelopes before counting. This maintains vote secrecy while ensuring only eligible members vote.
Step 6: Conduct the Election Meeting
The election meeting should be noticed to all members and open to observation by any member. The agenda should include: an open forum period, acceptance of any final in-person ballots, and the counting of votes by the inspector in view of attending members and candidates.
The inspector must count all ballots received by the deadline. Ballots may not be rejected for minor defects. After counting, the inspector certifies the results in writing, and the board announces the winners.
Step 7: Retain All Election Materials
All ballots and election materials must be retained in the inspector's custody (not the association's) for at least one year following the election, or until any election challenge is resolved. California law gives losing candidates and members the right to petition for a recount within one year.
Premature destruction of election materials is a serious violation that can result in adverse inferences in litigation. Make sure your inspector understands this obligation and has a secure storage plan.
Common Election Mistakes to Avoid
- Using a board member or association manager as the inspector of elections
- Distributing ballots without sufficient advance notice
- Counting ballots before the stated deadline
- Rejecting ballots on minor technical grounds
- Failing to allow candidate statements
- Conducting the vote count in a private location without member observation rights
- Disposing of election materials before the one-year retention period
When in doubt, consult with a California HOA attorney before proceeding. The cost of a brief legal consultation is far less than the cost of running an election twice.