Davis-Stirling Election Rules for California HOAs

The Davis-Stirling election rules are the procedures California Civil Code sections 5100 through 5145 impose on every homeowners association when it holds a secret-ballot vote. They govern who may run, who oversees the count, how ballots are prepared and returned, how results are announced, and how a member can challenge an election that went wrong. The rules apply to condominiums, planned unit developments, and stock cooperatives.

Which Votes Are Covered

Civil Code Section 5100 lists four categories that must use a secret ballot: electing or removing directors, approving assessments that require member approval, amending the governing documents, and granting exclusive use of common area. An association can designate additional topics as subject to the secret-ballot process in its operating rules.¹

Votes outside those categories can be handled through a regular meeting vote or whatever procedure the governing documents allow. Everything below applies in full to the four mandatory categories.

Who Can Run for the Board

A person who is not a member of the association at the time of nomination cannot run. The statute imposes this directly; no bylaw is needed.²

Beyond that, an association may adopt additional disqualifications in its bylaws or election operating rules, but only from a short list the statute allows:

Being delinquent on regular or special assessments. A nominee who paid under protest, or who has entered and is following a payment plan, cannot be disqualified on this basis. Fines, late charges, and collection costs do not count. The association must also offer internal dispute resolution before disqualifying anyone for unpaid assessments.²
Joint ownership of a single unit, where another co-owner already sits on the board.
Less than one year of membership.
A past criminal conviction that would prevent the association from obtaining or keeping the fidelity bond insurance required by Section 5806.

Permissive disqualifications must be applied the same way to every candidate. The association cannot enforce a rule against one nominee and waive it for another. The nomination period must be announced at least 30 days before the nomination deadline.³

The Independent Inspector of Elections

Every covered election must be run by one or three independent inspectors. An inspector cannot be a current director, a candidate, or a relative of a director or candidate. Just as important, an inspector cannot be any person or business currently employed by or under contract with the association for any paid services other than acting as inspector.⁴

That rule disqualifies the association’s property management company. A volunteer member who meets the independence test, a CPA with no other association contract, or a professional election firm with no separate management relationship can serve.

Under Section 5110, the inspector must determine how many members are entitled to vote and the voting power of each, verify any proxies, receive all ballots, hear and decide challenges to a member’s right to vote, count and tabulate the votes, decide when the polls close consistent with the governing documents, and certify the results. If the association uses electronic voting, the inspector must confirm the online system meets the statutory security requirements.⁴

Pre-Ballot Notice and Document Preparation

At least 30 days before ballots go out, the association must send a general notice stating the deadline and physical address for returning ballots, the date and location of the meeting where ballots will be counted, and the full list of candidates who will appear on the ballot.³

During that same 30-day window, members have the right to inspect their own entries on the candidate registration list and the voter list. If a member identifies an error or omission, the inspector must correct it within two business days.²

The ballot must state clearly how many candidates each member may vote for.

How Ballots Are Returned

California requires a double-envelope method. The member marks the ballot and seals it in a plain inner envelope. That envelope goes inside a second outer envelope, on which the member signs their name and provides their address or unit number. The inspector uses the outer envelope to confirm the voter is a qualified member and then separates it from the inner envelope before any ballots are opened. No name, address, or unit number may appear on the ballot itself.³

Ballots and both preaddressed envelopes must be mailed first class or delivered to every member at least 30 days before the voting deadline.³

Electronic Voting as an Alternative

An association may adopt an election operating rule allowing electronic secret ballots. Online voting is available for director elections and most other ballot measures, but votes on regular or special assessments still require paper ballots. Any electronic system must authenticate each voter’s identity, permanently separate identifying information from the ballot, transmit a receipt to each voter, and store ballots for a potential recount.

Electronic voting cannot be the only option. Every member must be able to opt out and vote by written secret ballot, and members generally must opt out at least 90 days before the election. The association must deliver individual notice of the electronic ballot option at least 30 days before the election, with instructions on accessing the system.⁴

Quorum and Reconvened Meetings

A quorum is required only if the governing documents or another provision of law calls for one. Each ballot the inspector receives counts as a member present for quorum purposes, so mailed ballots count even if the voter does not attend in person.³

When the governing documents do require a quorum and the association falls short, the meeting can be adjourned and reconvened at least 20 days later. At the reconvened meeting, the quorum drops to 20 percent of the membership. If the governing documents already set a quorum lower than 20 percent, that lower number controls. General notice of the reconvened meeting must go out at least 15 days before it is held and must include the new date, time, location, candidate list, and a statement explaining the reduced quorum.³

Equal Access During the Campaign

If the association gives any candidate access to the newsletter, website, or other association media during the campaign, it must give equal access to every candidate and to any member advocating a position on a ballot measure. The association cannot limit access to candidates it endorses, and it cannot edit or redact the content of a candidate’s communication. A disclaimer stating that the candidate, not the association, is responsible for the content is allowed; altering the message is not.²

Common area meeting space must be made available at no cost to all candidates and to members advocating a position on a ballot measure, including challengers and candidates the board has not endorsed.²

Counting, Results, and Record Keeping

After the voting deadline, the inspector opens and counts ballots at the meeting previously noticed in the 30-day pre-ballot notice. Members may attend and observe.³

Within 15 days of the election, the board must give general notice of the tabulated results to the entire membership. The notice must include the actual vote tallies, not just the names of the winners.

Sealed ballots, signed outer envelopes, the voter list, proxies, the candidate registration list, and any electronic ballot tally sheets stay in the inspector’s custody until the one-year challenge window under Section 5145 expires. Custody then transfers to the association. If a member requests a recount or challenges the results, the inspector must make the ballots and tally sheets available for inspection in a way that preserves voter confidentiality.⁵

Challenging an Election

A member who believes the association violated any election rule can file a civil action in superior court. The deadline is one year from the date the inspector notifies the board and membership of the results, or one year from the date the violation is discovered, whichever is later.⁶

If the court finds a violation, it can void the election, order a new election, or fashion other appropriate relief. The court may also impose a civil penalty of up to $500 per violation, though identical violations affecting every member equally count as a single violation for penalty purposes.⁶

A member who prevails is entitled to reasonable attorney’s fees and court costs. Even a successful small claims action entitles the member to recover fees paid to consult an attorney. A prevailing association can recover its costs only if the court finds the member’s lawsuit was frivolous or without foundation, and even then the association cannot recover attorney’s fees.⁶

1
California Legislative Information. California Code Civil Code 5100
2
California Legislative Information. California Code CIV 5105
3
California Legislative Information. California Code Civil Code 5115
4
California Legislative Information. California Code CIV 5110
5
California Legislative Information. California Code Civil Code 5125
6
California Legislative Information. California Code Civil Code 5145