Voting Rights for Tenants in California HOAs

Board members, homeowners, and tenants with properties within an HOA area should be fully aware of their rights, responsibilities, and obligations, especially because HOA boards must appoint a California inspector of elections to oversee the fairness and accuracy of all election processes.

Much depends on whether a tenant is a confirmed HOA member. If they rent a home from the homeowner, the owner will likely remain the member with the right to vote on community issues and board elections, whereas tenants may not.

HOAs don’t only need to understand the rules, such as California HOA absentee voting regulations, but need to enforce and uphold them, ensuring members trust the results of their elections and feel welcome and encouraged to take part while tenants know and abide by the rules included within their rental agreement. 

Participating in an HOA Election as a Tenant in California

With a caveat that some HOAs have specific rules or policies outlined within their governing documents, the below rights apply to most, if not all, Orange County HOA board elections and, indeed, to voting processes across the state:

• Tenants are usually not HOA members, but the homeowner normally is. The owner is not allowed to give their tenant the right to vote on their behalf but must participate directly, whether they vote electronically, via a mail-in vote, or in person.
• When a tenant is not an HOA member, they must still understand and be aware of the rules or restrictions regarding the home's use, upkeep, and maintenance. The owner is responsible for clarifying all this information within the rental agreement.
• Members have the right to attend board and membership meetings, access dispute resolution procedures, and vote on board elections. Voting is conducted anonymously, and members are not obligated to share how they have voted with anybody, including the tenant.

HOA members also have separate rights and entitlements, such as the right to vote in elections and other matters in secret. Unlike many other states, California legislation allows members to appoint a proxy (a person they nominate to vote on their behalf). As mentioned, a proxy vote cannot be given to a tenant.

However, proxy voting is only allowed in elections to select or appoint board directors or representatives or when members are asked to vote on changes to the 'CC&Rs’–the Covenants, Conditions, and Restrictions, including within the HOAs' governing policies and documentation.

How California HOAs Can Comply With Regulations and Best Practice Standards When Conducting Elections

Many HOA boards require professional support when organizing and facilitating an election, with the assurance that an independent third party is acting as their election inspector and can offer input or advice to ensure the process runs smoothly and compliantly. There are varied options, but a large proportion opt to appoint an experienced provider such as ElectionBuddy. This platform delivers customizable election management services with mail-in and electronic voting options.

Complexities around voting rights and how these differ between homeowners and tenants can typically be avoided by following the right processes and ensuring communications and notices are circulated to the appropriate parties and with sufficient notice to enable all to attend or take part.

Being proactive about verifying members' voting rights, offering transparency and clarity about board elections, and making changes to encourage members to be active and involved in voting and general HOA affairs is beneficial to all. It makes it far more likely that good levels of participation will easily reach the minimum threshold for a voting outcome to be valid.