Orange County HOA Board Elections

Managing voting on behalf of an HOA in Orange County can be complex. An independent California Homeowner Association inspector of elections must be appointed to confirm that the elections comply with all the relevant rules and regulations.

Recent changes introduced via the Davis-Stirling Act do, though, streamline convenient voting options. HOAs can now invite members to vote electronically, but anonymous voting remains essential to ensure California HOA members can vote freely and privately.

In this guide, we’ll review some of the key aspects any Orange County HOA voting process should include and the laws that exist to ensure HOAs manage elections fairly, transparently, and in the interests of their members.

Legislation That Applies to Orange County HOA Elections

While voting rights for tenants in California HOAs are consistent across the state, some organizations may have variations in their policies and procedures depending on their governing documents. The laws that are relevant to most HOAs and other membership organizations include:

• The previously mentioned Davis-Stirling Act–a set of governing laws covering financial management, board elections, dispute resolution policies, and maintenance obligations
• The Nonprofit Mutual Benefit Corporation Law, which regulates HOAs that have been created as mutually beneficial nonprofit entities
• The Fair Employment and Housing Act–rules that protect against discrimination or housing allocation based on financial status or ethnicity, for example

Any Orange County HOA due to hold a board election should be mindful of the regulations that apply to the organization and take the necessary steps to verify that the election is compliant, from initial election notices to publishing the final results.

Rules for HOA Board Elections in California

Most HOAs have established voting procedures, which may cover a range of areas, such as nominating candidates for board positions, determining members' eligibility to vote, and recording their voting preferences. Secret voting is mandatory, and there should be no records or published lists identifying how individual members have voted or the nominees they have chosen to support.

HOAs also need to have an inspector, a third-party independent person or organization that assumes responsibility for overseeing the election and checking that everything is accurately communicated and recorded and that the election process is fair.

Recent changes enable HOAs to provide a broader range of voting options to encourage greater member participation. Many provide opportunities to vote electronically or submit a mail-in vote according to their preference. Regardless of how a member chooses to submit their vote, other rules apply, such as stipulations that mean a minimum proportion of HOA members must vote for the outcomes to be valid.

How Orange County HOA Directors Can Prepare for Compliant Elections

Importantly, HOA directors are obligated to understand the inspector of elections' role and ensure they have the necessary access, such as giving the responsible party custody of voting tallies or access to the vote count. The board must also adhere to specific rules about its function and role, for example:

• Board meetings must be open and accessible to all.
• Meeting invitations must include a minimum advance notice period.
• Directors are legally obligated to act in the interests of the organization and its membership.

This means that directors continue to manage and control the HOA's day-to-day functions. However, when it comes time to elect new board members, they must follow the correct procedure and appoint an independent inspector to ensure the HOA complies with all state and federal laws.

Orange County HOA directors looking to understand the rules for board elections or who require support in appointing an inspector of elections in line with recent reforms can also contact independent election specialists, such as ElectionBuddy. This platform provides a full range of voting services specifically adapted for HOAs, facilitating electronic and mail-in voting options and ensuring California HOAs adhere to every applicable requirement!