Elections

The formal process by which association members vote to select board members and decide on other matters requiring member approval, such as amendments to governing documents, special assessments above statutory thresholds, and grants of exclusive use of common area. Election procedures are governed by a combination of state law, the bylaws, and any election rules adopted by the board. In California, the Davis-Stirling Act (Civil Code Sections 5100-5145) imposes detailed requirements on HOA elections. The association must adopt election rules (called "Operating Rules" for elections) that address qualifications for candidates, nomination procedures, the method of distributing and collecting ballots, the process for verifying voter eligibility, and the role of the inspector(s) of elections. All board elections must be conducted by secret ballot using a double-envelope system — an inner envelope containing the ballot (with no identifying information) placed inside an outer envelope bearing the voter's name and address. An independent inspector of elections — who may not be a board member, candidate, or person related to a candidate — must oversee ballot distribution, collection, verification, counting, and tabulation. Cumulative voting must be offered unless the governing documents expressly prohibit it. Ballots must be distributed at least 30 days before they are due, and candidates must be given the opportunity to submit statements that are distributed with the ballots at association expense. After counting, ballots must be stored for one year. These requirements are designed to ensure fair, transparent, and legally defensible election outcomes.