Legal Framework for Community Elections in California

If you’re holding an election, there are plenty of rules you need to be aware of. Homeowners association (HOA) elections in California (CA) are no different. 

CA HOA voting follows a strict set of rules. In addition to the election rules dictated by each HOA’s bylaws, every California homeowners association must comply with the Davis-Stirling Act. This state framework includes regulations and guidelines that must be followed during an HOA election.

What Is the Davis-Stirling Act?

The Davis-Stirling Common Interest Development Act was passed in 1985. Since then, it has been amended multiple times, evolving with the times. Nowadays, the act also includes rules for electronic voting. 

The Davis-Stirling Act outlines rules and regulations for homeowners associations, such as how board elections should work, how finances must be managed, anonymous ballot submission methods, and much more.

According to the California Association of Homeowners Associations, HOA policies and procedures are designed to ensure and protect the integrity of HOA elections.

California HOA Voting and Election Rules

There are very specific rules regarding HOA voting elections in California. For example, all voting must be conducted by secret ballot. This ensures privacy and fairness while protecting voter identities.

Other rules California HOAs must abide by are:

• Proxy voting is allowed in certain circumstances. In these situations, homeowners can assign someone (via a proxy) to vote on their behalf.
• An independent third party must handle the election process. This person cannot be a board member or candidate. The third party will verify voter eligibility, collect and count votes, announce results, and handle potential issues.
• Votes should be counted at a public meeting. Anyone can watch the counting process.
• Once results are shared with the board, the results must be shared with homeowners within fifteen days.

California Rules for Electronic Voting

Now that California allows electronic voting, there are some additional rules. Here’s what your HOA needs to know:

• HOA members have the right to opt in or out of electronic voting.
• Members should also be aware of their current chosen voting method. If they are online voters, they should be notified of what email to use.
• Members should be told how to opt out and the deadline.
• The opt-out deadline must be at least ninety days before the election.

What does this mean for you? To implement electronic voting, you must start the process at least 120 days before the election.

Why Go Electronic?

Electronic voting offers a range of benefits that can make voting easier for HOA members. Platforms like ElectionBuddy are designed to streamline the election process and ensure everything runs smoothly. 

Here’s how an electronic election can benefit an HOA:

• Send and schedule personalized communications and deadline reminders to voting HOA members.
• Create and customize ballots for any kind of vote.
• Implement voter engagement tracking in virtual polls.
• Boost voter turnout by allowing voters to vote from anywhere at any time.

ElectionBuddy also complies with all California HOA voting laws and is safe and secure for all. With two-factor authentication and encryption, you can trust that voter information, sensitive data, and election results are always well-protected.

By embracing electronic voting with ElectionBuddy, your HOA can enjoy all the benefits of modern technology. We can help you run elections more smoothly and efficiently, whether you’re holding elections in-person, online, or a combination of the two.