The Davis-Stirling Act is the primary legislation that governs homeowners associations in the state of California. One key provision of the law was a requirement that HOAs hold elections via a secret vote through mail-in ballots only. In September 2024, a new bill was passed that amended the Davis-Stirling Act to allow for secure electronic voting to be used by HOAs.
In order to ensure transparency and oversight, the amended act also requires that HOAs conducting electronic voting use an independent inspector in their elections. Fortunately, ElectionBuddy offers a homeowner association inspector of elections in California to comply with all state laws.
Below is some additional information on the Davis-Stirling Act and how the changes will affect HOA elections going forward.
The Davis-Stirling Act was passed by the California legislature in 1985. The goal was to regulate homeowners associations across the state. Before its enactment, HOAs had broad authority that was not governed by the state. Because of this, its bylaws, community regulations, and enforcement mechanisms were subject to local jurisdictions only.
This led to conflict between homeowners and HOAs. These disagreements invariably ended up in courts which had little to no guidance under the current law. Noting the brewing frustration, California worked with legal professionals and HOAs across the state to create the rules and guidelines that became the basis of the Davis-Stirling Act.
Its primary components were:
In 2024, California amended the Davis Stirling Act with bill 2024 AB 2159, which takes effect in January of 2025. The bill deals with electronic voting and other updates needed to ensure HOAs can continue to operate effectively in a digital world.
The new bill's primary focus is allowing electronic voting while tightening restrictions on who can access voting records. The law outlines when and how each voting method may be utilized and contains significant protections related to voter anonymity.
By expanding HOA electronic voting, the state has enhanced ballot security and acknowledged the value of convenience in boosting voter participation. It also included rules that require any HOA holding an election via electronic means to have independent, third-party oversight.
These election inspectors have broad oversight and are the only individuals who can access voting records and vote tallies before the vote is complete and the results verified. Online voting platforms such as ElectionBuddy have professional election inspectors on staff, ready to assist HOAs in need.
ElectionBuddy offers electronic and paper voting options for organizations across America. This platform uses the latest in secure encryption and voting methods to keep votes free, fair, and anonymous.
ElectionBuddy also has independent election professionals and inspectors ready to help with Davis-Stirling Act compliance and adherence to other laws. Check out our resources today and see how ElectionBuddy can facilitate mail-in and electronic voting for your HOA!