California HOA Election Rules: A Plain-English Guide

California HOA board elections don’t run on tradition or on whatever the board decides that year. Article 4 of the Davis-Stirling Act (Civil Code sections 5100 through 5145) sets out who runs the election, what notices go out and when, how ballots stay secret, and what records get kept. This guide walks through the rules in plain English, with the statute behind each one.

When these rules apply

Under section 5100, four kinds of votes must be held by secret ballot under these procedures, regardless of what the governing documents say: assessments that legally require a vote, election and removal of directors, amendments to the governing documents, and grants of exclusive use of common area. Associations must hold a board election when a director’s term expires, and at least once every four years. The article applies to incorporated and unincorporated associations alike, and where it conflicts with the Nonprofit Mutual Benefit Corporation Law, the article wins.

Every association must adopt election rules

Section 5105 requires an association to adopt election operating rules that cover, among other things: equal access to association media and newsletters for all candidates and members advocating a point of view — the association may not edit or redact their content; free access to common-area meeting space for all candidates during a campaign, including non-incumbents; candidate qualifications and nomination procedures — and no procedure is reasonable if it stops a member from nominating themself; the voting power of each membership, proxy rules, and when polls open and close; and how the association selects its independent Inspector or Inspectors of Elections.

The rules also can’t be changed at the last minute: election operating rules may not be amended less than 90 days before an election.

The two lists members can check

Section 5105 requires the association to keep both a candidate registration list and a voter list as election materials. Members are entitled to verify their own information on both lists at least 30 days before ballots go out, and reported errors must be corrected by the inspector within two business days.

Who can run — and who can be disqualified

A candidate must be a member of the association at the time of nomination. Beyond that, section 5105 permits only a short list of disqualifications, and only through the bylaws or election rules: not being current on regular and special assessments (with protections — a member who has paid under protest or is complying with a payment plan cannot be disqualified, and fines and collection charges never count); joint owners of the same property both serving at once; membership shorter than one year; or a past criminal conviction that would prevent the association from getting the fidelity insurance the law requires. A person can’t be disqualified without first being offered internal dispute resolution. And whatever standard disqualifies a nominee must apply equally to sitting directors.

Who runs the election

Not the board. Section 5110 puts the election in the hands of one or three independent third-party Inspectors of Elections, who determine who may vote, receive and count ballots, rule on challenges, set when polls close, and certify results. The inspector acts impartially and in good faith, and the inspector’s report is prima facie evidence of the facts in it.

The timeline

Section 5115 fixes the schedule. At least 30 days before the nomination deadline: general notice of how to submit a nomination. At least 30 days before ballots go out: general notice of the return deadline and address, the count meeting’s date, time, and place, and every candidate’s name that will appear on the ballot. At least 30 days before the voting deadline: ballots delivered to every member.

How ballots stay secret

The law borrows the system California counties use for vote-by-mail. The ballot itself carries no name, address, or lot number. It goes into a sealed envelope, which goes into a second sealed envelope; only the outer envelope carries the voter’s name and address, and it’s addressed to the inspector — not the association. Members may request a receipt for delivery.

Quorum, and what happens without one

A quorum is only required if the governing documents require one. When it is, every ballot the inspector receives counts as a member present. If a director election misses quorum, the association may reconvene at least 20 days later, where the quorum drops to 20 percent of members voting in person, by proxy, or by secret ballot — with general notice of the reconvened meeting at least 15 days ahead.

Electronic voting

Since 2025, an association may adopt an election rule — no CC&R amendment needed — allowing elections by electronic secret ballot through its Inspector of Elections, for everything except assessment votes. The rule must let members switch between electronic and written ballots up to 90 days before an election, both ballot types must carry the same items, an electronic ballot is effective when transmitted and cannot be revoked, and a member voting electronically counts toward quorum. One trade-off written into the statute: elections using electronic secret ballots cannot take nominations from the floor.

After the votes: counting, custody, records

The rules don’t stop at the vote. Ballots are counted in public and no one may open or review any ballot before the count. Afterward, the materials stay in the inspector’s custody through the challenge period, the association retains election materials for one year, and members have one year to bring a challenge. Those after-election rules are covered in depth in Election Records: What California Law Expects an HOA Election to Prove.

How BallotLink fits

BallotLink is built for elections run under these rules: an independent Inspector of Elections conducts the election, members receive an emailed receipt and on-screen confirmation when their ballot is submitted, vote choices are stored separately from voter identity, and election records are retained for the one-year period the law requires.