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Legal Requirements and Regulations Governing California HOA Elections

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From HOA Elect CA

In California, Homeowners Associations (HOAs) are governed by a comprehensive set of laws and regulations to ensure fair and transparent elections. Central to these regulations is the Davis-Stirling Common Interest Development Act, which outlines specific procedures and requirements for HOA elections.

Mandatory Election Rules

As of July 1, 2006, all California HOAs are required to adopt formal election rules. Failure to implement these rules can lead to legal challenges and potential invalidation of election results. Significant amendments to the Davis-Stirling Act, effective January 1, 2020, necessitate that HOAs update their election rules to remain compliant.

Davis-Stirling


Key Components of Election Rules

HOA election rules must encompass the following elements:

  • Nomination Procedures: Clearly defined processes for nominating candidates to the board.

  • Candidate Qualifications: Specific criteria that candidates must meet to be eligible for board positions.

  • Inspector(s) of Elections: Methods for selecting independent third parties to oversee the election process.

  • Access to Media and Meeting Spaces: Policies ensuring all candidates have equal access to association media and common area meeting spaces during campaigns.

  • Secret Balloting Procedures: Protocols to maintain the confidentiality and integrity of ballots.

  • Procedures for Uncontested Elections: Guidelines for handling situations where the number of candidates does not exceed the number of available positions.

  • Recall Election Procedures: Steps to conduct elections aimed at removing existing board members.

  • Retention of Election Materials: Requirements for maintaining records related to the election.



Electronic Voting

Starting January 1, 2025, California HOAs are permitted to conduct certain elections using electronic secret ballots. This includes elections for directors, recall elections, and approving amendments to governing documents. However, electronic voting is not allowed for decisions regarding regular or special assessments. To implement electronic voting, associations must amend their election rules accordingly. Members retain the option to vote via paper ballots and can switch their preferred voting method by notifying the association at least 90 days before an election.

Davis-Stirling


Elections by Acclamation

Effective January 1, 2022, HOAs can declare candidates elected by acclamation in uncontested elections, eliminating the need for balloting. This is permissible if the association meets specific conditions, such as holding a director election at least once every four years and providing proper notice to members about the nomination process.

Davis-Stirling


Amending Election Rules

HOAs can amend their election rules, but must adhere to the process outlined in the Davis-Stirling Act. Notably, election rules cannot be amended less than 90 days before an election. Given the mandatory 28-day notice period for member review of proposed rule changes, the total waiting period for updating election rules extends to 118 days. It's advisable for boards to consult legal counsel to navigate these timelines effectively.

Davis-Stirling


Staying informed about the legal requirements and regulations governing HOA elections in California is crucial for both board members and homeowners. Adhering to these laws not only ensures compliance but also promotes transparency and trust within the community.

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