California HOA Election Rules, Explained for Self-Managed Boards

Who this is for

If your California HOA runs its own elections — no management company, just a volunteer board and an inspector — the Davis-Stirling Act (California Civil Code §§5100–5145) sets the rules you have to follow. Get the process wrong and a single member can sue to void the election within a year (§5145). This page walks the whole election, step by step, with the Civil Code section behind each requirement.

This is general information about California law, not legal advice. Confirm every deadline against your own bylaws and the current Civil Code, and use our free California HOA compliance checker and Davis-Stirling deadline calculator to keep your dates straight. For the annual-meeting side of the process, see the annual meeting guide.

Step 1 — Adopt election operating rules first

Before you can run a compliant election, the association must have written election operating rules in place (Civil Code §5105(a)). At a minimum those rules must:

• Give equal access to any association-produced media, newsletter, or website to all candidates and to members advocating a point of view — you cannot amplify one side (§5105(a)(1)).
• Give candidates equal access to common area meeting space, at no cost, during a campaign (§5105(a)(2)).
• Let members nominate themselves for the board (§5105(a)(3)).
• Specify the voting power of each membership and the voting period (§5105(a)(4)).
• Require the board to appoint, or the members to elect, an independent third-party inspector (or inspectors) of elections (§5105(a)(5)).
• Set the method for verifying signatures and counting votes, using independent third parties (§5105(a)(6)).
• Require the association to retain the voter list and the candidate list, and let a member verify the accuracy of their own information at least 30 days before ballots are distributed (§5105(a)(7)).

Because election rules are operating rules, adopting or changing them triggers the general rule-change procedure in §4360 — the board must give members general notice of the proposed rule at least 28 days before making the change.

Candidate qualifications. You may disqualify a nominee who is not a member (§5105(b)), and you may require a nominee to be current on regular and special assessments (§5105(c)) — but a person is not disqualified if they paid the disputed amount under protest or entered into a payment plan (§5105(d)).

Step 2 — Follow the notice and ballot timeline

Davis-Stirling builds the election around a series of hard deadlines. Miss one and you create grounds for a challenge. Run your specific dates through the Davis-Stirling deadline calculator.

• Nomination notice — at least 30 days ahead. The association must give general notice of the procedure and the deadline for submitting a nomination at least 30 days before the nomination deadline (§5115(a)).
• Pre-ballot general notice — at least 30 days before ballots go out. At least 30 days before distributing ballots, the association must give general notice that includes the list of all candidates' names that will appear on the ballot, the date/time/physical address for returning ballots, and the date, time, and place of the meeting to count votes (§5115(b)).
• Ballots — at least 30 days before the deadline. Ballots and two preaddressed envelopes with return instructions must be mailed by first-class mail or delivered to every member not less than 30 days before the voting deadline (§5115(c)).
• If quorum fails and you reconvene — 15 days' notice. If the meeting is adjourned for lack of quorum and reconvened, the association must give general notice of the reconvened meeting no less than 15 days beforehand (§5115(d)(3)).

Thirty days is a statutory floor. If your bylaws require a longer notice period, the longer period controls. Quorum for the election itself is set by your bylaws unless your governing documents provide otherwise.

Electronic voting (AB 2159, effective January 1, 2025)

California HOAs may now run director elections by electronic secret ballot. Civil Code §5105(i) lets an association adopt an election operating rule authorizing electronic voting. Two guardrails matter most:

• The rule must let a member change their preferred voting method (electronic or paper) no later than 90 days before an election (§5105(i)(1)(A)).
• The inspector of elections is responsible for the internet-voting safeguards — authenticating voter identity, keeping the ballot secret by permanently separating the member's identity from their vote, and protecting the ballot from alteration in transit (§5110(c)).

Because the e-voting rule is an operating rule, it must be adopted under the §4360 procedure (28-day general notice). See our electronic voting for HOAs overview for how the workflow runs in practice.

Recall and removal of directors

Removing a sitting director is one of the secret-ballot matters listed in §5100(a)(1), so a recall runs on the same election machinery — inspector, secret ballots, and notices. For an incorporated association, the removal vote thresholds come from Corporations Code §7222, which also protects a director elected by cumulative voting: that director generally cannot be removed if the votes against removal would have been enough to elect them cumulatively (Corp. Code §7222(b)).

Association funds and campaigning

Association funds may not be used for campaign purposes in a board election (§5135(a)). "Campaign purposes" includes advocating for or against a candidate and, within 30 days of an election, featuring a candidate's photograph or prominently featuring a candidate's name in association-funded media — except where doing so is legally required or gives equal access to all candidates (§5135(b)).

If someone challenges the election

A member may bring a civil action for a Davis-Stirling election violation within one year of the election (§5145(a)). If the member proves the association didn't follow the election procedures, the court may void the election unless the association shows the error didn't affect the outcome. A prevailing member is entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to $500 per violation (§5145(b)).

This page is general information about California's Davis-Stirling Act, not legal advice. Election law changes, and your bylaws may impose stricter requirements than the Civil Code. Confirm every deadline and threshold against the current California Civil Code and your governing documents, and consult a qualified California HOA attorney before relying on anything here.