Davis-Stirling Election Rules
The Davis-Stirling Election Rules, codified in Civil Code Sections 5100 through 5145, establish mandatory procedures that every California HOA must follow when conducting board elections and certain member votes (including assessments, amendments to governing documents, and grants of exclusive use of common area). The Act requires associations to adopt operating rules for elections that address nomination procedures, candidate qualifications, the content and format of campaign materials, and the timeline for distributing and returning ballots. All elections must use secret ballots with a double-envelope system: the ballot goes into an unmarked inner envelope, which is then sealed inside an outer envelope bearing the voter's name, address, and signature. Ballots must be mailed to all eligible members at least 30 days before the deadline for ballot return. The association must appoint an independent Inspector of Elections who is responsible for verifying voter eligibility, receiving and securing sealed ballots, and counting votes at a properly noticed open board meeting. Members may observe the counting process. Proxy voting is not permitted for board elections — each owner must submit their own ballot. The board must provide equal access to common area meeting space and association media (such as newsletters or websites) for all qualified candidates. Results must be reported within 15 days of the election, and ballots must be retained for one year after the election. Members may challenge election results by petitioning a court within one year, and courts may void an election if the association failed to follow the required procedures.
Example in Context
The association mailed secret ballots to all 200 members 35 days before the annual meeting, with a return deadline clearly printed on the outer envelope. The Inspector of Elections opened and counted ballots at the annual meeting while members observed, then certified the three candidates with the most votes as the new board members.
State-Specific Notes
Related Terms
Frequently Asked Questions
Can our HOA use electronic voting instead of mailed paper ballots?
Yes, following the passage of AB 2159, California HOAs may offer electronic voting (such as online ballots) as an option alongside traditional paper ballots. However, electronic voting must still comply with all Davis-Stirling election requirements, including ballot secrecy, the appointment of an Inspector of Elections, and the opportunity for members to observe the counting process. The association must adopt operating rules for electronic voting and ensure that every member still has the option to vote by paper ballot if they prefer.