Changes in HOA Legislation

January 17, 2025

California's homeowners' associations (HOAs) are entering a new era of governance with major legislative changes taking effect in 2024 and 2025. From voting innovations to updated maintenance responsibilities, these legal updates aim to modernize HOA operations and enhance homeowner rights. 

Staying informed is crucial as these changes bring a significant California HOA law impact on communities statewide.

The Davis-Stirling Act: A Foundation for HOA Governance

At the heart of California HOA law is the Davis-Stirling Act, which provides the legal framework for managing associations. Historically, it required secret paper ballots for elections submitted via mail. However, with the introduction of Assembly Bill (AB) 2159, the Davis-Stirling Act now embraces the digital age.

This key update permits electronic voting, giving homeowners the option to vote online while maintaining the integrity and security of the election process. These changes are designed to make participation easier and more flexible, ensuring that every homeowner has a voice.

Key Legal Updates and Their Impact

Here’s a closer look at some of the most impactful legal updates for California homeowners:

AB 2159: Electronic Voting Modernization

Electronic voting is a game-changer for HOA elections. Under AB 2159, HOAs must:

  • Allow members to choose between electronic and mail-in ballots
  • Provide clear notification of voting options at least thirty days before elections
  • Ensure both voting methods offer the same ballot items

Additionally, the California HOA inspectors of elections play a vital role in ensuring electronic voting meets legal standards. Their oversight guarantees the confidentiality and accuracy of all votes, whether cast digitally or by mail.

Other notable provisions include:

  • Members can switch voting preferences up to ninety days before an election
  • Nominations from the floor are no longer allowed
  • Paper ballots must still be provided to members who opt out of electronic voting

AB 1764: Ensuring Board Accountability

This law ensures consistent standards for both board nominees and sitting members, enhancing governance and accountability across all HOAs.

AB 572: Protecting Affordable Housing

For small communities with twenty or fewer affordable housing units, annual assessment increases are capped at 5% plus inflation (up to 10%). This safeguard protects affordability for residents.

AB 1458: Quorum Flexibility

If an election fails to meet the initial quorum requirement, this law reduces the quorum threshold to 20% for a reconvened meeting, making it easier to finalize important decisions.

AB 648: Virtual Meeting Options

HOAs can now hold fully virtual board meetings (excluding elections) as long as they include clear technical instructions and support options in the meeting notice. This update encourages transparency and inclusivity while embracing modern technology.

SB 900: Maintenance and Utility Responsibilities

This law clarifies HOA responsibility for utility interruptions originating in common areas. HOAs must begin repairs within fourteen days and can levy emergency assessments or secure loans without member approval if reserve funds fall short.

AB 1572: Water Conservation Initiatives

By 2029, HOAs must replace non-functional turf or irrigate it with non-potable water. This rule supports California’s broader sustainability efforts.

How These Changes Affect Homeowners

The legal updates for California homeowners introduced in 2024 and 2025 aim to modernize HOA practices and enhance community management. The shift to electronic voting under AB 2159 is a standout change, improving accessibility and convenience for members while maintaining transparency and security.

Meanwhile, stricter maintenance rules, water conservation measures, and affordable housing protections reflect a growing focus on sustainability and fairness. These updates ensure HOAs remain responsive to the needs of today’s communities.

The Role of California HOA Inspectors of Elections

Election integrity is more important than ever, especially with the adoption of electronic voting. California HOA inspectors of elections are tasked with overseeing the process to ensure compliance with legal requirements. Their duties include:

  • Verifying voter eligibility
  • Maintaining ballot confidentiality
  • Safeguarding both paper and electronic voting systems

With these safeguards, homeowners can trust that their elections remain fair and transparent, regardless of the voting method.

Adapting to New HOA Laws with Confidence

The evolving California HOA law impact highlights the need for associations to adapt to modern challenges while prioritizing fairness, sustainability, and accessibility. These updates, particularly the introduction of electronic voting, mark a significant step forward for HOA governance.

For HOAs navigating these changes, ElectionBuddy offers tailored solutions to streamline both electronic and mail-in voting. With services designed to meet the latest requirements under the Davis-Stirling Act, ElectionBuddy ensures secure, compliant, and efficient elections.

Stay ahead of the curve with tools and support that help your HOA thrive; a stronger, more connected community starts with informed decisions!

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

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