Absentee voting is often considered a convenient and inclusive approach. HOA voting quorums in California are far easier to hit when members have a range of opportunities to participate and reach the minimum thresholds that a California inspector of elections will need to record the outcomes as valid.
Reforms introduced via the Davis-Stirling Act in August 2024 also mean California HOA members can vote electronically, provided the HOA adopts this option. This means they might cast a vote in person, through a mail-in ballot, or digitally, even if they are traveling, out of the state, or unable to physically attend.
Various rules apply, such as the need to give notice of an electronic ballot at least thirty days before the election, confirm deadlines by which members can opt to switch their voting method, send a mail-in ballot if the member hasn’t provided an email address in time, and keep votes private and confidential.
The latest updates do not affect all legislation, and, for example, voting rights for tenants in California HOAs remain consistent. Homeowners are members, but tenants renting a property in the HOA’s jurisdiction are usually not.
However, the reforms broaden access to alternative absentee voting methods while retaining the right to cast a mail-in ballot. Electronic votes can be used for:
Some voting procedures, such as those related to ‘special assessments’ (additional and unusual fees levied by the HOA board) must still be conducted using written ballots.
Conventional absentee voting procedures enable eligible members to request a mail-in ballot be posted to them, using separate envelopes for the ballot to be returned to guarantee the anonymity of the voter. While useful, there have been issues around the need to resubmit a request for an absentee ballot at every election process or problems where mail-in ballots have been lost or delayed in the mail or haven’t reached the member or the election official.
Standard mail-in voting is a little different because it implies that the HOA will send a mail-in ballot to every eligible voter, and they can then decide whether to return the ballot in person or post it back before a specific deadline. Electronic voting can be used as an additional method of absentee voting. HOA members in California have the right to request that they be sent a digital ballot if this is permitted within the HOA’s own governing rules.
Just as mail-in ballots were provided with two return envelopes in compliance with the regulations, electronic votes must be private and safeguarded. While the member must submit an accurate email address in good time, the HOA must:
HOAs yet to appoint an independent inspector of elections, due to hold their first election process since the changes to the Davis-Stirling Act or if they are unsure of the right ways to open access to electronic voting while remaining compliant, are advised to seek expert support to ensure they understand the rules. Platforms like ElectionBuddy are a high-demand resource, providing comprehensive election management services specifically for HOAs, acting as a third-party inspector while offering hybrid voting processes that facilitate both electronic and mail-in voting as required.
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