Question 1

Does the Davis-Stirling Act apply to small or self-managed HOAs in California?

Accepted Answer

Yes, generally. The Davis-Stirling Common Interest Development Act (California Civil Code §§4000–6150) applies to nearly all California common-interest developments regardless of size or whether a professional manager is involved — a small self-managed association is covered the same as a large managed one. A few obligations scale with budget or unit count, so confirm which provisions apply against your governing documents and legal counsel.

Question 2

Is online voting legal for HOA elections in California?

Accepted Answer

Yes — effective January 1, 2025. Online/electronic voting for HOA director elections became legal under the Davis-Stirling Act with AB 2159. Civil Code §5105(i) authorizes an association to adopt an election operating rule allowing elections by electronic secret ballot. The internet-voting safeguards — Inspector-of-Elections management, voter-identity authentication, ballot secrecy (permanently separating identifying information from the ballot), and protection against alteration in transit — are duties of the Inspector under §5110(c)(4). The rule must let members switch between electronic and written ballots no later than 90 days before an election (§5105(i)(1)(A)). Because election rules are ‘operating rules,’ the e-voting rule must be adopted under the general rule-change procedure of §4360, which requires general notice to members at least 28 days before the change.

Question 3

How long does an HOA have to respond to a records request in California?

Accepted Answer

Generally 10 business days for current-fiscal-year records. Under Civil Code §5210, after a proper written request the association must provide current-fiscal-year association records within 10 business days, and records from the previous two fiscal years within 30 calendar days. The request mechanics are in §5205, and limits on what may be redacted are in §5215. (SB 410, effective January 1, 2026, amended §5210 to add exterior-elevated-element inspector reports to the inspectable records; it did not change these deadlines.)

Question 4

What HOA records can a member ask to inspect under Davis-Stirling?

Accepted Answer

California members have broad rights under Civil Code §5200 to inspect association records — meeting minutes, contracts, financial statements, governing documents, and board correspondence — subject to limited redactions under §5215 for attorney-client communications, executive-session minutes, litigation strategy, and personnel matters. A narrower category of enhanced association records, such as individual ledgers and invoices, is available only under more limited conditions.

Question 5

How many days' notice is required for an HOA board meeting in California?

Accepted Answer

At least 4 days. Notice of a regular open board meeting must reach members at least 4 days before the meeting under Civil Code §4920(a), and the notice must contain the agenda (§4920(d)). A board meeting held solely in executive session requires at least 2 days’ notice under §4920(b)(2). These are board-meeting rules; annual membership-meeting timing follows your bylaws and the election notice rules instead.

Question 6

When are HOA board meeting minutes due to members in California?

Accepted Answer

Within 30 days. Minutes, or a draft summary, of an open board meeting must be made available to members within 30 days of the meeting under Civil Code §4950. Board meeting minutes are part of the association's permanent record, and members have the right to inspect minutes from any prior period.

Question 7

How much notice does an HOA election require in California?

Accepted Answer

At least 30 days at two stages. The association must give general notice — including the list of all candidates’ names — at least 30 days before ballots are distributed (Civil Code §5115(b)); ballots must be mailed or delivered to every member not less than 30 days before the voting deadline (§5115(c)). The Inspector of Elections administers the election under §5110. (Thirty days is a statutory floor; a longer period in the governing documents controls.)

Question 8

Who can serve as an HOA Inspector of Elections in California?

Accepted Answer

An independent third party under Civil Code §5110(b): the inspector may be a member, but not a director, a candidate, anyone related to a director or candidate, or a person or entity under contract to the association for other compensable services. (The statute says ‘related to’ without listing specific relatives.) Inspector fees are not set by statute; as a market estimate they typically run from a few hundred to over a thousand dollars per election depending on association size and whether electronic voting is used — treat any figure as illustrative, not a legal requirement.

Question 9

When does a California HOA have to distribute its annual budget report?

Accepted Answer

Between 30 and 90 days before the end of the fiscal year. Civil Code §5300 requires the annual budget report — including the pro forma operating budget and an insurance summary under §5300(b)(9) — to be distributed in that window. The separate annual policy statement under §5310 follows the same 30-to-90-day window before fiscal year-end.

Question 10

How often does a California HOA need a reserve study?

Accepted Answer

At least once every three years. A reserve study — based on a visual inspection of the major components the association must repair, replace, restore, or maintain — is required at least every three years under Civil Code §5550(a), and it must identify the components with a remaining useful life of less than 30 years (§5550(b)(1)). Reserve funding status is disclosed annually on the Assessment and Reserve Funding Disclosure Summary form prescribed by §5570, which accompanies the annual budget report. (The reserve summary inside the budget report is set by §5565, per §5300(b)(2).)

Question 11

Does a California HOA need a CPA review of its finances?

Accepted Answer

Yes, if annual gross income exceeds $75,000. Under Civil Code §5305, an association whose gross income exceeds $75,000 in a fiscal year must have its year-end financial statement reviewed under generally accepted accounting principles by a licensee of the California Board of Accountancy, and distribute the review to members within 120 days after the close of the fiscal year. Smaller associations are not required to obtain the review, though many do so voluntarily.

Question 12

What are self-managed HOA board members personally liable for in California?

Accepted Answer

It depends on the facts, your governing documents, and your insurance, so this is a question for an attorney. Directors owe fiduciary duties and are generally evaluated under the business-judgment rule (Corporations Code §7231). Civil Code §5800 may limit a volunteer director's personal liability when the association carries the required directors-and-officers coverage and the director acts in good faith. Maintain D&O insurance and consult counsel.

Question 13

What happens if our HOA misses a Davis-Stirling deadline?

Accepted Answer

It varies by the obligation and is best reviewed with an attorney. Missing a records-request deadline, for example, can expose the association to a §5235 enforcement action and the member's attorney fees, while procedural election errors can support a §5145 challenge. Generally, a missed deadline creates member-challenge and enforcement exposure rather than a fixed penalty — confirm the consequences for your situation with legal counsel.

Question 14

When should a self-managed HOA use software instead of hiring a management company?

Accepted Answer

Software fits boards that want to handle day-to-day operations themselves but need help staying compliant and organized — tracking deadlines, storing records, running elections, and communicating with members. A management company makes more sense when the board lacks the time or willingness to do operational work at all. Many self-managed boards use software to postpone or avoid the cost of a manager.

Question 15

How does Propty help a self-managed HOA stay Davis-Stirling compliant?

Accepted Answer

Propty gives self-managed California boards templated notices, an election workflow with Inspector-of-Elections support, document storage with records-request tracking, and member communications — with key Davis-Stirling deadlines surfaced so the board acts before they pass. Pricing is per unit with no enterprise minimums; visit the pricing page for current rates. It is built for volunteer boards, not professional managers.

Davis-Stirling questions self-managed boards ask before buying software

The questions boards ask an AI assistant

Frequently Asked Questions

Run your self-managed HOA without missing a deadline