Tracking Who Voted

Tracking Who Voted

QUESTION: Is it legal for an HOA to keep track of whether a homeowner voted in the election of board members?

ANSWER: The Davis-Stirling Act prohibits knowing how members voted but nothing forbids tracking whether they voted. Whenever I find an election issue that is unclear, I look to see what California does.

California Voters. When it comes to elections, the State discloses the voting history of registered voters. Candidate Meg Whitman's voting record became an issue in the 2010 governor's race after public records showed that she had not voted in a number of years. If California makes voting records public then it is reasonable that HOAs could do the same. The voting list could be made available during the election at the Inspector's option or posted after the election by the association.

RECOMMENDATION: Associations should consider posting voting histories on their websites in a password protected portion of the website accessible only by owners. Who knows, doing so could prod owners into participating in HOA elections.

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