What Is the New HOA Law in California?

December 20, 2024

The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting. 

Permission for electronic voting was granted on the condition that HOAs employ an independent inspector of elections in California. To streamline the process for HOAs, ElectionBuddy offers independent inspectors and election experts as part of its online and mail-in ballot election packages. But what is the origin of the law, and why are independent inspectors necessary?

Davis-Stirling: Then and Now

California saw a population explosion in the suburban areas across the state during the 1960s and 1970s. As communities formed, organizations known as ‘homeowners associations’ (HOAs) began setting rules for each particular subdivision. Sometimes, the rules clashed with state and local property law. After a series of lawsuits with varying outcomes, the state decided to regulate the HOAs and mandate public HOA elections. 

The state also required that each election be held via secret mail-in ballots. This created a cumbersome amount of paperwork both for voters and the HOAs. As a result, voter turnout in HOA elections remained low for decades. 

In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.  

Why Are Inspectors Needed?

Inspectors of elections are a critical component of Davis-Stirling compliance services offered by platforms like ElectionBuddy. They serve two primary purposes: to safeguard the vote, and to provide independent oversight. 

During HOA elections, only inspectors have access to vote counts and tally sheets until the election is finished and the results are announced. Allowing anyone else access before the final result could potentially compromise the election outcome.

Inspectors also inspect ballots for errors and malfeasance. They are trained to spot irregularities in voting, and they can identify election security issues like ballot stuffing or electronic manipulation.  

After an election is concluded, disputes sometimes arise over the results. The inspector’s job is to act as an independent arbiter. They will make the election results transparent and investigate any issues brought up by concerned voters or HOA management. 

Removing HOA management from the ballot holding and counting process eliminates the possibility of conflicts of interest. This helps boost confidence in the election results for all parties involved. With increased confidence in election integrity, voter turnout rates can be higher, which results in a more democratic process. 

Finding the Right Inspector

HOAs exploring how to achieve HOA compliance under the amended Davis-Stirling Act can turn to ElectionBuddy to speed up their elections while remaining compliant. ElectionBuddy provides online voting, mail-in balloting, and state-of-the-art security to keep elections free and fair. 

In addition, ElectionBuddy employs election experts and inspectors to provide consultation and act as neutral third parties for organizations that need them. Visit our homepage today and see how ElectionBuddy can help make your elections easier and more transparent!

Join 11,984+ organizations like yours that use ElectionBuddy to build more easy online elections

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