CALIFORNIA HOA ELECTIONS

Beginning July 1, 2006, associations must adopt election rules that use secret balloting for the election and removal of directors. (Civ. Code § 5100(a))

Beginning January 1, 2025, associations can conduct director elections by electronic secret ballots. To use electronic balloting, associations must first amend their election rules. 

If an association wants to use electronic balloting, it must first amend its election rules (Civ. Code § 5105(i)) and include information in its annual statement on the procedures to either opt out of or opt into voting by electronic secret ballot. (Civ. Code § 5105(i)(1)(D)) As noted above, boards should amend their election rules at least six months before their next annual meeting.

Opt Out Method. The following timeline uses the opt-out method. It means the association has decided to use electronic balloting. A person who does not want to vote electronically but, instead, wants a paper ballot must notify the association he/she is opting out of electronic voting.

Four months before the voting deadline, select a date for the annual meeting and hire an inspector of elections. Locking in an inspector early ensures they will be available to oversee your election. 

Five months before the voting deadline, select a date for the annual meeting and hire an inspector of elections.

At least 120 days before the voting deadline (at least 30 days before the deadline for nominations (Civ. Code § 5115(a)), give general notice (or individual notice if requested by a member) of (Civ. Code § 5105(a)):

• Nomination procedure and deadline. 
• Candidate qualifications. 
• Number of board seats to fill.
• Statement regarding IDR. 

At least 150 days before the voting deadline (at least 30 days before the deadline for nominations (Civ. Code § 5115(a)), give individual notice of (Civ. Code § 5105(a)):

• Nomination procedure and nomination deadline. 
• Candidate qualifications. 
• Number of board seats to fill.
• Statement regarding IDR.
• Electronic voting will be used.
• The person's current voting method.
• The email address on file for electronic voting.
• An explanation that members must opt out of electronic voting if they want a paper ballot.
• The deadline to opt out or in to electronic voting. (Civ. Code § 5105(i)(4))

105 days before the voting deadline. Last day to complete IDR for candidates deemed unqualified.

90 days before the voting deadline. The deadline for owners to indicate their preferred balloting method (electronic or written ballot). (Civ. Code § 5105(i)(1)(A)) To opt into electronic voting, owners must provide a valid email address. (Civ. Code § 5105(i)(1)(E))

75 days before the voting deadline, prepare a list of candidates with their names and addresses. (Civ. Code § 5105(a)(7)) Prepare a voter list with:
• The name, voting power, and either the physical address of the voter’s separate interest or the parcel number or both.
• The mailing address for the ballot if it differs from the physical address of the voter’s separate interest or if only the parcel number is used.
• Identify which members will vote by electronic secret ballot and which members will vote by written secret ballot.
• The email address that will be used for electronic voting. (Civ. Code § 5105(i)(1)(D))

60 days before the voting deadline, give general notice that the association has prepared a voter list and members have 15 days to verify their individual information. Specify the deadline date in the notice. (Civ. Code § 5105(a)(7)) Members can verify only their own information.

Give general notice (individual if requested by a member) of the following (Civ. Code § 5115(b)):

• List of candidates to appear on the ballots.
• Date, time, and address to mail or deliver ballots to inspectors.
• Date, time, and location of the ballot counting meeting.
• If the quorum requirement is more than 20%, a statement that the association may call a reconvened meeting to be held at least 20 days after the scheduled election if the required quorum is not reached, at which time the quorum will drop to 20%.

60 days before the voting deadline, give general notice that the association has prepared a voter list and members have 15 days to verify their individual information. Specify the deadline date in the notice. (Civ. Code § 5105(a)(7))  Members can verify only their own information.

Give general notice (individual if requested by a member) of the following (Civ. Code § 5105(i)(4) and Civ. Code § 5115(b)):

• List of candidates to appear on the ballots.
• The member’s current voting method.
   For those voting by paper ballot:
• Date, time, and address to mail or deliver ballots to inspectors.
• Date, time, and location of the ballot counting meeting.
   For those voting electronically:
• The email address of the member that will be used for voting.
• Instructions on how to vote electronically.
• The date and time by which electronic ballots must be transmitted.
• An explanation of how to vote electronically.
• If the quorum requirement is more than 20%, a statement that the association may call a reconvened meeting to be held at least 20 days after the scheduled election if the required quorum is not reached, at which time the quorum drops to 20%.

45 days before the voting deadline. Deadline for members to report errors in the voter list. The inspector of elections must correct the voter list within 2 business days of any error being reported. (Civ. Code § 5105(a)(7))

Ballots used in any election of directors must set forth the names of qualified candidates. Unless authorized by the Bylaws or Election Rules, a space for write-in candidates should NOT be included. All ballots must state the time by which the ballot must be received to be counted and should specify whether the time may be extended to achieve a quorum or to allow additional participation by the members.

At least 30 days before the voting deadline, mail (first-class) or otherwise deliver ballots and pre-addressed envelopes with instructions for returning them. (Civ. Code § 5115(c))

Deliver Election Rules to members or post them on an internet website and include the website address on the ballot together with the phrase, in at least 12-point type: “The rules governing this election may be found here:” (Civ. Code § 5105(h)(4))

The annual meeting agenda should also be included. An excess income resolution should be added to the ballot or to the agenda.

At least 30 days before the deadline for voting, deliver electronic ballots to members, along with instructions on (i) how to obtain access to that internet-based voting system and (ii) how to vote electronically. (Civ. Code § 5105(i)(3))

For members who choose to vote by paper or failed to provide a working email address, mail (first-class) or otherwise deliver ballots and pre-addressed envelopes with instructions on how to return them. (Civ. Code § 5115(c); Civ. Code § 5105(i)(7))

Deliver Election Rules to members or post them on an internet website and include the website address on the ballot together with the phrase, in at least 12-point type: “The rules governing this election may be found here: _________” (Civ. Code § 5105(h)(4))

The annual meeting agenda should also be included. An excess income resolution should be added to the ballot or to the agenda.

Once a ballot is received by the inspector, it is irrevocable. (Civ. Code § 5120(a))

Ballots may not be opened before the time and place at which they are publicly tabulated. The inspector or designees may verify the member’s information and signature on the outer envelope before the meeting at which ballots are tabulated.

All votes must be counted and tabulated by the inspector of elections (or the inspector's designees) in public at a properly noticed open meeting of the board or members. Any candidate or other member of the association may witness the tabulation of votes.  (Civ. Code § 5120(a))

A vote cast electronically is irrevocable. (Civ. Code § 5105(i)(6))

No person shall open or otherwise review any tally sheet of votes cast by electronic secret ballots before the time and place at which the ballots are counted and tabulated. (Civ. Code § 5120(c))

Voting Deadline. The voting deadline can be set a day or two before the annual meeting. Ballots can then be brought to the meeting, opened, and tallied. 

Chair of the Meeting. The president chairs the meeting unless the president or the board decides otherwise.

Business Limited by the Agenda. Notice of meetings must specify the matters to be presented for action by the membership. (Civ. Code § 5115) Business at the meeting is limited to items on the notice; no other business may be transacted. (Corp. Code § 7511(a)) The same applies to electronic voting. Once a quorum has been established, a substantive vote of the members may not be taken on any issue other than those specifically identified in the electronic vote. (Civ. Code § 5105(i)(8))

Who May Attend. Associations can restrict attendance at membership meetings to members only. Members may not send non-members as proxyholders. They can designate only members to attend in their place. (Civ. Code § 5130(a)(1))

Meeting Minutes Required. Corporations are required to keep minutes of their membership meetings. (Corp. Code § 8320(a)(2))

1.  Meeting called to order.
2.  Establish quorum (not necessary if bylaws eliminate quorum requirement).
3.  Approve last year's Annual Meeting Minutes. 
4.  Floor nominations (if permitted). (Civ. Code § 5105(g))
5.  Unless voting was closed at an earlier date, call for any additional ballots, then close the polls.
6.  Inspectors open ballots and tally votes. Members can observe the counting of votes. See Ballot Irregularities. 
7.  Announce election results plus posting within 15 days.

If there is a tie vote, see recounts and runoff elections.

1.  Meeting called to order.
2.  Establish quorum (not necessary if bylaws eliminate quorum requirement).
3.  Approve last year's Annual Meeting Minutes. 
4.  Floor nominations are prohibited. (Civ. Code § 5105(i)(1)(F))
5.  Announce election results, plus posting it within 15 days.

If there is a tie vote, see recounts and runoff elections.