Adams Stirling PLC


Starting January 1, 2020, the Davis-Stirling Act creates a new category of “association election materials” which members are entitled to review. (Civ. Code § 5200(c).) Election materials include:

  • candidate registration list
  •  voter list
  • ballots
  • signed voter envelopes (may be inspected but not copied)
  • proxies

Custody Prior to Election. The sealed ballots at all times shall be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote. (Civ. Code § 5125.)

Custody After Election. Although the statute only calls for the custody of ballots, all election material should be held by the Inspector until the time allowed by Section 5145 for challenging the election has expired (one year), at which time custody must be transferred to the association. (Civ. Code § 5125.)

Inspection. The Inspector must make the election materials available as needed for inspection and review.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC