HOA Laws in California

If you are part of a homeowners association (HOA), you know there can be a wide variety of rules and guidelines to follow. There are also laws in place issued by the state that apply to HOAs, such as the Davis-Stirling Act, which is responsible for the requirement of a California Inspector of Elections when using electronic voting. 

In addition, HOA elections in California are governed by state laws that ensure they remain fair, transparent, and accountable. Individual HOAs can also make their own rules and regulations that are usually voted on by HOA members during an election; these votes are critical for shaping the community, from electing board members to approving new policies.

The Davis-Stirling Act

The Davis-Stirling Common Interest Development Act (commonly known as ‘The Davis-Stirling Act’) is a set of laws that govern HOAs in California. It sets a clear framework for how everything should run, covering key areas such as:

• How board elections work
• How finances are managed
• Who is responsible for maintaining shared spaces
• How disputes are resolved 

These guidelines can help balance the needs of homeowners with the overall goals of the community. If you’re trying to understand how HOAs work in California, reading up on the Davis-Stirling Act is a great place to start.

Other California HOA Laws

There are other laws in California applicable to HOAs that may be helpful to know about if you’re a homeowner or looking to become a homeowner, like:

• The Fair Employment and Housing Act: This law prohibits discrimination in housing or employment based on race, religion, gender, disability, or sexual orientation. HOAS must follow this law.
• Nonprofit Mutual Benefit Corporation Law: Many HOAs are structured as nonprofit organizations. They have to follow this law, which includes guidelines for how they should be run as corporations.

Other California laws may also apply to the operation of HOAs, especially in areas related to contracts, governance, and homeowner rights. Each law is in place to ensure HOAs operate in the best interest of their communities.

HOA Elections

When it comes to HOA members making their voices heard, it’s important to understand how elections work. The process may vary based on the community’s bylaws and rules; it may also vary by city or county, as well. This means that Los Angeles HOA guidelines may be different than San Francisco’s, so it’s essential to understand your local laws.

Recently, amendments to the Davis-Stirling Act made it mandatory for every HOA election to have an official inspector if opting for electronic voting. An inspector of elections is an independent third party who oversees the HOA election process to ensure it’s fair, transparent, and compliant with state law. They help verify the integrity of the voting process by making sure the election runs smoothly and that every vote is counted.

Streamlining Elections

The Davis-Stirling Act once required HOA elections to be held by secret ballot using paper ballots to keep the process anonymous. However, California recently amended the law with Bill AB 2159 to allow for electronic voting as long as certain conditions are met. This is a major change for HOAs!

ElectionBuddy Supports Election Excellence

If your HOA has elections scheduled in the near future, the electoral process doesn’t have to be a headache. Many HOAs turn to ElectionBuddy to make the voting and tallying process easy. 

Whether your homeowners prefer paper ballots, electronic voting, or mobile voting, ElectionBuddy can handle it for you. This platform can also boost voter turnout with electronic reminders and flexible voting methods so everyone is included, regardless of their circumstances!