HOA Electronic Voting

Electronic voting has revolutionized the way HOAs engage with members, hold votes and elections, and encourage homeowners to participate. While the regulations vary between states, a California HOA inspector of elections will ensure your election is compliant and properly managed.

The key advantage of electronic voting is that it broadens the options for members. Provided digital votes are permitted within the organization's governing documents, the HOA can provide in-person, mail-in, and electronic voting for important elections, enabling all to cast a vote even if they cannot attend a meeting.

Although HOA electronic voting is widely seen as beneficial, it is equally important that HOAs abide by the rules carefully. For example, they should ensure they understand HOA voting quorums in California and have an independent inspector to verify that a quorum has been achieved.

The Introduction of HOA Electronic Votes in California

Most of the recent reforms, which permit HOAs in the state to offer electronic voting, came into effect in August 2024 via changes to the California Civil Code, more often known as the Davis-Stirling Act.

What is Davis-Stirling Act legislation, and how does it affect HOAs? This California law applies to all types of community associations and provides rules for how HOAs manage their finances, hold elections, manage disputes, function on a general basis, communicate with their members, and insure their organization.

However, one of the most significant reforms is that it legalizes electronic voting, which previously was not allowed in California. This meant the only alternative to in-person voting was to request a secret ballot be sent by post, with an anonymous envelope for the ballot to be returned.

How to Set Up Electronic Voting Procedures for Your HOA

The first step to adopting digital voting is to verify that it is allowed within your operating procedures and governing documents. If so, the legislation directs HOAs to appoint an inspector of elections, who is an independent third party responsible for making sure the election is valid, votes are private, and the process is managed with integrity and compliance.

Unlike previous rules, this law shifts these obligations from the HOA board to the inspector, with most appointing a firm like ElectionBuddy, known for its expertise in managing digital elections and ability to assume the role of inspector. HOAs will usually need to compare online voting providers and set a budget in agreement with the board before making a final decision and enlisting the help of their provider to launch the software.

ElectionBuddy provides well-managed hybrid voting procedures that can incorporate traditional in-person voting alongside optional mail-in and electronic voting simultaneously while fulfilling duties as the election inspector.

Introducing HOA Members to Electronic Voting 

Depending on the size of the HOA and how well members are currently engaged, the board should usually start by communicating the changes and explaining what it is doing in response. If they proceed, voters should have the option of registering to participate via digital vote. The inspector will also advise on how to count electronic votes cast while checking that a quorum has been met.

Various regulations and stipulations apply, and HOAs must ensure they give all members sufficient notice to decide whether or not they would like an electronic ballot and to provide a valid email address to receive the voting information.

Members are entitled to change their chosen voting method up to ninety days before an election. Still, the HOA must also provide individual notice at least thirty days before the cutoff point to ensure members are happy with their options and understand how to opt-out if they change their minds.