In California, HOAs can make use of proxy voting, meaning one individual can vote on behalf of another, as long as it complies with the Davis-Stirling Act. This article will look at the nature of proxy voting, the legal frameworks HOAs must adhere to, and what the primary goals of the Davis-Stirling Act are.
A major part of the functioning of HOAs is elections. Because of the collective aspect of these organizations, many decisions have to be made through a vote by a certain percentage of members.
Proxy voting is often used in places where members cannot attend a vote but want their voice to be heard in determining an outcome. This is helpful in any circumstance in which homeowners are traveling, but can be particularly important for communities where members live part time.
The Davis-Stirling Act allows for proxy voting as long as it is not specifically prohibited by an HOA’s bylaws. This means that, as a baseline, HOAs must offer proxy voting. There are a few legal requirements around the process.
Proxies must be signed by the voter. This may feel counterproductive to the importance of anonymity in elections, but to keep the voting process fair and transparent, a member voting by proxy must sign their vote.
Proxy voting requires two pages of documents by the voter. First, a page detailing the fact that they are allowing someone to vote in their place and who that person is. Second, the absent voter must supply a page detailing how their proxy is to vote on each issue.
The first page is given to the election inspector–the HOA Inspector of Elections in California–who is required for all HOA votes. The proxy voter may keep the second page so they can accurately cast the ballot according to the absent voter’s wishes.
Proxies can also be undirected, meaning the absent voter gives another member the ability to vote in their place as they see fit. As such, they have no second page, but simply require the absent voter detail in writing who will be voting for them.
These undirected proxies can also be assigned to the board as a whole, which may vote however it chooses. This second option is sometimes used to ensure a vote reaches a quorum.
Under the Davis-Stirling Act, proxies last for eleven months unless they are revoked or the absent voter specifies otherwise. This means a member may be absent from votes for nearly a year, allowing another member or the board to vote in their place.
Proxies may also be revoked at any time by the proxy-giver. Written notice is required, or the proxy-giver may simply attend a meeting and request a ballot before one has been given to the proxy-holder.
Outside of proxy voting, there are a number of parameters outlined in the Davis-Stirling Act that dictate the rules and structure of elections and votes in HOAs.
Ballots have to be delivered to each member not less than thirty days prior to the deadline for voting.
Each ballot must be completed and sealed in a specific manner by which the organization protects the identities and votes of its members. First, ballots may not be signed by voters. They are sealed, unsigned, in an unmarked envelope. Next, that envelope is sealed in a second envelope.
On the second envelope, the voter puts their information, including name and address. This sealed double envelope is addressed to the inspector of the election.
All HOA elections must be overseen by an “inspector or inspectors of elections.” It is the task of these third party individuals to ensure the election is fair and valid. Some of their necessary jobs include:
The necessity of election inspectors has given rise to organizations that specialize in oversight. ElectionBuddy is at the top of the game, able to manage both mail-in and electronic votes while adhering to local and federal laws and the provisions of the Davis-Stirling Act.
A secure voting process is integral to a well-run HOA, and a high-end organization can help make elections smooth and help build member faith in the outcome.
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