Understanding and navigating Davis-Stirling Act compliance is crucial for HOAs operating in the state of California. This act outlines several aspects of HOA governance, legal authority, and voting. Recent changes to allow electronic voting have expanded upon the original legislation to ensure it meets the needs of today's online world.
A key part of the new legislation taking effect in January 2025 is requiring independent oversight of HOA electronic elections. To meet this new requirement, online platforms like ElectionBuddy provide unbiased election professionals to act as independent inspectors of elections in California homeowner associations.
The primary reason for amending the Davis-Stirling Act was to enhance voter participation in HOA elections while simplifying the process. Prior to the amendment, the Davis-Stirling Act required that all voting for HOAs be conducted via mail-in ballots in double envelopes to protect voter anonymity.
While it protected voters, it also vastly increased the bureaucracy involved in elections. Holding elections became time-consuming without addressing the issue of voter convenience. As a result, voter participation remained low and many elections proceeded at a glacial pace.
Furthermore, the new law establishes new requirements for HOAs wishing to hold online elections. The most prominent of these requirements is the presence of an independent election inspector; this unbiased third party is responsible for keeping votes secure and secret from HOA board members until the election is complete. This maintains voter anonymity and reduces the possibility of election manipulation.
These inspectors also provide transparency and auditable records, should there be any disputes or discrepancies related to the results.
Under the new amendment, voters may still cast votes on traditional paper ballots. In fact, the law requires HOAs to provide paper ballots if a voter wishes or has no email address. However, with the majority of votes likely to occur online, determining results will happen much faster.
Additionally, each step, from initial login to ballot access and submission, is securely logged. These secure voter records and electronic logs make auditing elections simpler so discrepancies can be quickly identified. Digital records also mean they can be provided much more easily if the state or a member questions the integrity of an election.
For HOAs looking to the future, understanding what the Davis-Stirling Act is and how it has evolved can ease the transition to electronic voting and compliance under the new rules. HOAs should consider a platform that offers both electronic and mail-in voting services while providing secure features to keep votes safe. ElectionBuddy can accomplish both of these while offering Davis-Stirling compliance services like independent inspectors of elections.
Once a voting platform has been chosen, the HOA should reach out to members and explain the new process. HOA board members must also understand the limits of their role in elections under the law, and how their role pertains to facilitating elections. With a trusted partner such as ElectionBuddy, HOAs can rest assured that their voting processes are secure, transparent, and protective of voter anonymity while eliminating the need for costly bureaucracy and oversight!
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