HOA voting rules in California are set by the Davis-Stirling Common Interest Development Act, and those rules control every board election, CC&R amendment, and special assessment vote in the state. If your association’s bylaws or CC&Rs say something looser than the statute, the statute wins. Stricter internal rules are allowed; weaker ones are not. What follows is how the process is supposed to run and where boards most often get it wrong.
What Decisions Actually Go to a Member Vote
The board runs most day-to-day operations on its own. State law reserves a specific list of decisions for the full membership, and each one has to go through a secret-ballot vote:1California Legislative Information. California Civil Code 5100
- Electing or removing directors.
- Approving special assessments above the thresholds that trigger a vote.
- Amending the governing documents.
- Granting a member exclusive use of common area under Civil Code Section 4600.
Nothing in your CC&Rs can move these decisions back to the board. The statute overrides any contrary provision.
Who Gets a Ballot
Voting power attaches to ownership of a separate interest, meaning the unit or lot, not the head count inside it. Three co-owners of one condo share one vote. The association cannot deny a ballot to anyone who is a member when ballots are distributed.2California Legislative Information. California Civil Code 5105 Being behind on assessments is not a reason to withhold a ballot. A delinquent owner still votes.
Voting rights can be suspended, but only through a formal disciplinary process, and only if the governing documents authorize it and the member has had a noticed hearing before the board. Absent that, every member on the rolls gets a ballot.
Who Can Run and Who Can Be Disqualified
Any member can generally run for the board. California does allow an association to disqualify a nominee who is behind on regular or special assessments, but the disqualification fails if any of the following is true:2California Legislative Information. California Civil Code 5105
- The owner paid the disputed amount under protest.
- The owner is on a payment plan with the association.
- The association never offered the owner internal dispute resolution before moving to disqualify.
That last one is where boards commonly stumble. Skip internal dispute resolution and the disqualification does not hold up.
The Election Notice Timeline
California requires a layered notice process that runs backward from the voting deadline:3California Legislative Information. California Civil Code 5115
- At least 30 days before the nomination deadline, a general notice describing the nomination procedure and how to submit a candidacy.
- At least 30 days before ballots go out, a second general notice with the date and time ballots are due, the date and location where they will be counted, and a list of all candidates.
- At least 30 days before the voting deadline, the ballot itself, mailed first-class or delivered with two preaddressed envelopes and return instructions.
Election operating rules also have to give every candidate equal access to association media: newsletters, the website, common-area posting spots. Incumbents don’t get to use HOA channels while challengers are shut out.2California Legislative Information. California Civil Code 5105
Secret Ballot Mechanics
Every election covered by Section 5100 uses a secret ballot delivered through a double-envelope system. You mark the ballot and seal it inside an inner envelope, which keeps the vote itself anonymous. The inner envelope goes inside an outer envelope that you sign. The inspector uses your signature on the outer envelope to confirm you are a valid member, then separates the envelopes before opening the ballots so no vote can be traced back to a voter.3California Legislative Information. California Civil Code 5115
Ballots are opened and counted at a meeting open to all members. The time and place of that meeting must appear in the second general notice.
Electronic Voting
Electronic secret ballots are now permitted as an alternative to paper. If the inspector runs the election online, the platform has to authenticate each voter, protect the secrecy of each ballot in transmission, and send a receipt to every member who votes. Members also have to be given a way to confirm at least 30 days before the deadline that their device can reach the voting system.4California Public Law. California Civil Code 5110 Going electronic doesn’t remove the inspector or the other safeguards in the statute.
The Inspector of Elections
Every HOA election has to be overseen by an independent inspector of elections. The association appoints one or three inspectors. A qualified inspector can be a volunteer poll worker with the county registrar, a licensed CPA, a notary public, or another independent third party. A member of the association may serve, but these people are banned:4California Public Law. California Civil Code 5110
- Current board members.
- Candidates.
- Anyone related to a board member or candidate.
The independence requirement also rules out anyone under contract with the association in a role that would compromise neutrality: the management company and its employees, the HOA’s attorney, and its accountant.
The inspector’s job is broader than counting. The inspector determines how many members are entitled to vote, receives and secures the ballots, hears eligibility challenges, and certifies the results. The inspector also keeps custody of the sealed ballots, signed outer envelopes, voter lists, proxies, and candidate registration lists until the challenge period under Section 5145 has expired. Only then does custody pass to the association. If a challenge is pending, the inspector keeps everything until it is resolved.
Proxies
A proxy is a written authorization letting another member vote for you. In California, proxies are allowed only if the bylaws permit or require them, and the association has no obligation to prepare or hand out proxy forms.5California Legislative Information. California Civil Code 5130
A proxy is not a ballot. Even when you assign your voting power, the proxyholder still has to cast the vote through the normal secret-ballot process. If your proxy contains specific voting instructions, those instructions must be on a separate detachable page that the proxyholder keeps. You can revoke the proxy any time before the inspector receives the ballot.
Quorum and the Reduced-Quorum Fallback
Quorum works differently in HOA elections than most people expect. A quorum is required only if the governing documents or another law says so.6California Senate Committee on Housing. AB 2460 Analysis – Common Interest Developments Association Governance Member Election If your CC&Rs and bylaws are silent, the election proceeds with whatever turnout arrives.
Where a quorum is required, each ballot the inspector receives counts as a member present. For associations incorporated as nonprofit corporations, the default is one-third of the voting power. Bylaws can set a different number but can’t drop below the statutory floor.
Low turnout is common, and the law plans for it. When a board election requires a quorum and turnout falls short, the board can schedule a reconvened meeting at least 20 days later. At that follow-up meeting, the quorum drops to 20 percent of the membership. The first general notice has to warn members that this fallback exists.
Vote Thresholds
Standard board seats go to the candidates with the most votes cast. Simple majority, plurality by seat.
Bigger decisions carry higher bars. Amending the CC&Rs, approving special assessments, or granting exclusive use of common area typically need a supermajority, usually 67 percent or 75 percent, set by your governing documents. Read the CC&Rs closely on one point: 67 percent of all members is a much harder threshold than 67 percent of members who actually voted. The base of the calculation changes the outcome.
Virtual Meetings
AB 648 added Civil Code Section 4926, which lets board and membership meetings happen entirely by teleconference or video, with no physical location. To hold a fully virtual meeting, the notice must include clear technical instructions for joining, a phone number and email for tech support before and during the meeting, and a reminder that members may request individual delivery of notices. Members have to be able to participate, speak, and vote as they would in person.7California Legislative Information. AB 648 Common Interest Developments
Going virtual doesn’t change the secret-ballot requirement. Ballot counting for Section 5100 elections still happens at a noticed meeting members can observe. A casual video call without proper notice invites a challenge.
When the Board Breaks the Rules
If the association fails to follow the election procedures in the Davis-Stirling Act, any member can petition a court to void the results. The burden works in the member’s favor. Once you show the rules were not followed, the court must void the election unless the association proves, by a preponderance of the evidence, that the violation did not affect the outcome.8Justia. Arroyo v Pacific Ridge Neighborhood Homeowners Assn That is a hard standard for the association to meet, particularly when ballots were withheld or notice was defective.
The court’s findings go into the written record. Act quickly if you suspect a problem. The inspector keeps custody of the ballots and envelopes only until the challenge window closes, and once the association takes custody, verifying results becomes much harder.