Every year, HOA board members across California find themselves preparing for election season. For many communities, elections bring excitement, but they can also cause confusion and disputes if the process is not handled properly. That is why California HOA voting laws exist: to make sure every homeowner has confidence that their voice counts.
These laws are built on the Davis-Stirling Act, the legal foundation for California homeowners’ associations. They set clear rules about secret ballots, candidate qualifications, timelines, proxies, and ballot counting. Most importantly, they create consistency across communities so elections are fair and transparent.
The rules keep changing, too. In 2025, AB 2159 opened the door to electronic voting for California HOA elections. Now AB 1892, signed on August 31, 2026, changes the notice timelines for nominations and electronic ballots starting January 1, 2027. Until then, the current rules still apply. That matters if your board is planning an early 2027 election, because some of your notices may need to go out under today’s timelines.
This article is designed to help you cut through the legal jargon. You will learn the core requirements of California HOA voting laws, what AB 1892 changes for 2027, and practical steps to stay compliant while running smoother elections.
Table of Contents
- What Are California HOA Voting Laws?
- What Is the Davis-Stirling Act (Civil Code Sections 4000–6150)
- Which Votes Require Secret Ballots (Civil Code Section 5100)
- Election Rules Every HOA Must Adopt (Civil Code Section 5105)
- The Role of Election Inspectors (Civil Code Section 5110)
- Secret Ballot Procedures: The Dual-Envelope System (Civil Code Section 5115)
- New for 2027: How AB 1892 Changes Election Notices
- Electronic Voting Under AB 2159 (as Amended by AB 1892)
- How Ballot Bliss Helps California HOAs
What are California HOA voting laws?
California HOA voting laws are a set of rules in the Davis-Stirling Act (California Civil Code §§5100–5145) that govern how community associations conduct elections. These laws require secret ballots for specific votes, establish candidate qualification standards, set timelines for notices and ballots, and mandate independent election inspectors. They also require ballots to be counted in open meetings and preserved for one year.
Since 2025, HOAs in California have also been able to use electronic voting for secret ballot elections, including board elections, recalls, and governing document amendments, as long as they adopt an election rule allowing it. The one exception is votes on regular or special assessments, which still require written ballots.
Starting January 1, 2027, AB 1892 adjusts two of those timelines. Boards will be able to give shorter notice before seating uncontested candidates by acclamation, and electronic ballot notices will go only to members who vote electronically. We cover both changes in detail below.
What is the Davis-Stirling Act?
The Davis-Stirling Act is the backbone of community association law in California. Found in California Civil Code §§4000–6150, it lays out the rules that govern nearly every aspect of how homeowners’ associations (HOAs) operate. From financial management and board responsibilities to day-to-day governance and elections, this law is the central guide that keeps communities running fairly and consistently.
For elections specifically, the Davis-Stirling Act outlines the procedures that ensure homeowners have a clear, transparent, and equitable voting process. It explains when secret ballots must be used, how inspectors of election are selected, and the timelines for notices and ballot distribution. These provisions are designed to protect homeowners’ rights and give boards a clear framework to follow.
The Act also works alongside other state laws, such as the California Corporations Code, which governs nonprofit corporations. Together, these laws form the foundation for how HOAs in California are organized, managed, and held accountable.
In short, the Davis-Stirling Act is often called the “rulebook” for HOAs because it provides the structure communities need to handle governance, finances, and elections with fairness and transparency.
Which Votes Require Secret Ballots? (Civil Code §5100)
One of the most important protections built into California HOA voting laws is the requirement for secret ballots. According to Civil Code §5100, four types of votes must always use this process:
- Election and removal of board members
- Approval of assessments that legally require a member vote
- Amendments to governing documents, such as CC&Rs, bylaws, or articles of incorporation
- Grants of exclusive use of common areas to specific members
The purpose of secret ballots is simple: to create fairness and transparency. Homeowners should be able to vote without pressure, favoritism, or fear of retaliation. The system protects their privacy while ensuring every vote is counted equally.
There is one important exception. When a board election is uncontested, meaning the number of qualified candidates does not exceed the number of open seats by the nomination deadline, California law allows the board to seat those candidates by acclamation without casting ballots. Strict notice requirements apply, and AB 1892 changes those requirements starting in 2027. We explain how acclamation works below.
Skipping the secret ballot requirement can create serious problems. Not only could an election be challenged and overturned, but the association could also face legal consequences under Civil Code §5145, including financial penalties and attorney’s fees.
For boards and managers, this means planning ahead. Whether using paper ballots or an approved online voting system, secret ballots are non-negotiable and remain one of the cornerstones of fair elections in California communities.
Election Rules Every HOA Must Adopt (Civil Code §5105)
Following the Civil Code alone is not enough to run compliant elections in California. Every HOA is required to adopt its own written election rules under Civil Code §5105. These rules serve as the community’s playbook for how elections will be conducted, and they must align with the Davis-Stirling Act.
Election rules count as operating rules, so boards follow the standard rule-making process under Civil Code §4360. The board must give members at least 28 days’ notice of the proposed rules, including the text and a description of their purpose and effect, so homeowners have a chance to review and comment. The board then adopts the rules at a board meeting and notifies members within 15 days of adopting them. This keeps the process transparent and gives homeowners confidence that the election process is fair from the start.
By law, election rules must include:
- How election inspectors will be selected
- Who is eligible to receive a ballot (no unfair denials)
- Requirements for candidate and voter lists
- Election timelines, including notice and ballot distribution dates
Election rules are also where an association opts into electronic voting. Under AB 2159, an HOA can conduct elections by electronic secret ballot only after it adopts an election rule allowing it. Starting January 1, 2027, AB 1892 updates this section as well. The individual notice for an electronic election must be delivered no later than 30 days before the election, and it goes only to members who are voting electronically. Boards using electronic voting should review their election rules and notice templates before their next election.
There is also a critical restriction known as the 90-day freeze rule. Election rules cannot be changed less than 90 days before an election. This prevents last-minute changes that could influence the outcome, and it means any updates for AB 1892 need to be adopted well ahead of your next election date.
Failing to adopt or follow proper election rules puts the HOA at risk. Elections can be invalidated, and boards may face legal challenges or penalties. For managers and board members, having clear, compliant election rules in place is one of the most important steps to keeping elections smooth, transparent, and legally sound.
The Role of Election Inspectors (Civil Code §5110)
California HOA voting laws require every election to be overseen by one or more independent inspectors of election. Under Civil Code §5110, these inspectors act as neutral third parties who ensure that the process is carried out fairly and according to the law.
So, who qualifies? Inspectors can be volunteers, such as a CPA, a notary, or another independent professional, as long as they do not have a conflict of interest. Who does not qualify? Board members, candidates running in the election, and most property managers (unless specifically authorized by the community’s election rules) cannot serve as inspectors. The goal is to remove bias and maintain homeowner trust.
Inspectors of election have several important responsibilities, including:
- Verifying voter eligibility and confirming each member’s voting power
- Authenticating proxies when they are permitted
- Collecting, counting, and tabulating votes in an open and transparent way
- Ensuring impartiality throughout the entire process
With electronic voting, inspectors must also confirm the voting system can authenticate each member’s identity, protect ballots from being altered in transit, send each voter a receipt, permanently separate voter identity from ballots, and store ballots for recount or review.
By law, inspectors are the guardians of election integrity. Having qualified, independent inspectors is one of the strongest protections an HOA has against disputes and challenges.
Secret Ballot Procedures: The Dual-Envelope System (Civil Code §5115)
California HOA voting laws require a dual-envelope system to protect voter privacy. Under Civil Code §5115, every paper ballot must follow this process:
- The ballot goes inside an inner envelope, which stays blank to ensure anonymity.
- That envelope is placed inside an outer envelope, signed by the voter so inspectors can confirm eligibility without seeing how the member voted.
Ballots must be mailed at least 30 days before the voting deadline, giving homeowners time to participate. Inspectors separate outer envelopes from inner ones before counting, keeping every vote confidential and verifiable.
If your association uses electronic voting, the process works a little differently. Paper ballots and envelopes are mailed only to members voting by written ballot. Members voting electronically receive an individual notice with instructions for casting their ballot online instead. Starting January 1, 2027, AB 1892 requires that notice to reach electronic voters no later than 30 days before the election, so both groups get the same amount of time to vote.
Quorum rules also apply to board elections. If your governing documents require a quorum and it is not reached, the association can adjourn and reconvene the meeting at least 20 days later. At the reconvened meeting, the quorum drops to 20% of members unless your governing documents set a lower number. The association must notify members of the reconvened meeting at least 15 days in advance.
This process may feel detailed, but it is one of the strongest safeguards for fairness, accuracy, and homeowner trust in California HOA elections.
New for 2027: How AB 1892 Changes Election Notices
On August 31, 2026, Governor Gavin Newsom signed Assembly Bill 1892 into law. The bill updates two parts of the Davis-Stirling Act: the notice rules for elections by acclamation (Civil Code §5103) and the notice rules for electronic voting (Civil Code §5105). Both changes take effect on January 1, 2027.
Neither change alters how homeowners vote. What changes is when boards must send certain notices, and who has to receive them. For boards and managers, that makes these changes easy to miss and important to plan around.
What Is an Election by Acclamation? (Civil Code §5103)
Sometimes a board election is uncontested. If three seats are open and only three qualified candidates are nominated, there is nothing for homeowners to decide. California law allows the board to seat those candidates by acclamation, without mailing ballots or holding a vote count.
Acclamation is optional. Your association can still run a full election even when the outcome is certain. But it can save real time and money, especially for communities that regularly struggle to attract candidates.
To use acclamation, an association must meet all of these conditions:
- It has held a regular board election within the last three years.
- The election inspector confirms that, as of the nomination deadline, the number of qualified candidates is not more than the number of open seats.
- It sent members two individual notices about the nomination process: an initial notice and a reminder notice.
- It allowed every qualified candidate to run if nominated.
- The board votes to approve acclamation at a properly noticed board meeting, and the agenda lists the name of each candidate who will be seated.
The initial notice tells members how many board seats are open, how to submit a nomination, the nomination deadline, and that the board may seat candidates by acclamation if the race is uncontested. The reminder notice lists the qualified candidates nominated so far and repeats the acclamation statement. That way, members know exactly where things stand and can still step forward if they want a contested election.
Shorter Lead Time for Nomination Notices
AB 1892’s biggest change is to the acclamation timeline. Under current law, the initial notice must go out at least 90 days before the nomination deadline. That forces boards to start planning their elections months earlier than they otherwise would. AB 1892 shortens that window significantly.
| Notice | Current law (through Dec. 31, 2026) | AB 1892 (starting Jan. 1, 2027) |
|---|---|---|
| Initial notice of election and nomination procedures | At least 90 days before the nomination deadline | At least 30 days before the nomination deadline |
| Reminder notice | Between 7 and 30 days before the nomination deadline | At least 10 days before the nomination deadline |
What this means for your board: Acclamation becomes much easier to plan. Boards no longer need to kick off the election process three months ahead just to keep acclamation on the table. The tradeoff is that homeowners get less time to decide whether to run. Clear, well-timed notices matter more than ever, both for compliance and for keeping your community engaged.
Electronic Ballot Notices Go to Electronic Voters
AB 1892 also updates the notice rules for associations using electronic voting under AB 2159. Starting January 1, 2027, the individual notice for an electronic election must be delivered no later than 30 days before the election, and it goes to each member who is voting electronically.
This aligns the notice with how hybrid elections actually work. Members who opted into electronic voting get electronic voting instructions. Members voting by paper still receive their ballots and envelopes by mail under the dual-envelope process.
What this means for your board: Your opt-in records are now part of your compliance picture. If you do not know exactly which members chose to vote electronically, you cannot be sure the right people received the right notice.
What Boards Should Do Before January 1
- Check your election calendar. If your next nomination deadline falls in early 2027, some of your notices may need to go out in 2026, while the current timelines still apply. When an election straddles the change, the safest approach is to follow the current rules for any notice sent before January 1. Check with your association’s attorney if you are unsure.
- Review your election rules and notice templates. Update any language that references the old acclamation timelines or the old electronic notice requirements. Remember the 90-day freeze: election rules cannot be changed less than 90 days before an election.
- Confirm your electronic voting opt-in records. Make sure you have an accurate, up-to-date list of members voting electronically and members voting by paper.
- Brief your manager and election inspector. Everyone involved in running the election should be working from the same timeline.
Electronic Voting Under AB 2159 (as Amended by AB 1892)
Since January 1, 2025, California HOAs have been able to hold secret ballot elections online under Assembly Bill 2159. Electronic voting can be used for board elections, recalls, governing document amendments, and grants of exclusive use. The one exception is votes on regular or special assessments, which still require written ballots.
Electronic voting is not automatic. To use it, an association must adopt an election rule allowing it, following the same 28-day notice process as any other election rule change. Once that rule is in place, the election is conducted by the association’s independent election inspector through a secure internet-based voting system.
Opt-in or opt-out: your rule decides
AB 2159 gives associations two ways to set up electronic voting:
- Opt-out model: Electronic voting is the default, and members who prefer paper can opt out and vote by written ballot. The association must give members individual notice at least 30 days before the opt-out deadline, explaining how to opt out.
- Opt-in model: Members choose to vote electronically, and the association sends electronic ballots only to members who have opted in. Everyone else votes by written ballot.
Under either model, the association must:
- Use the same items on electronic and written ballots, so every member votes on the same questions.
- Let members switch their preferred voting method up to 90 days before an election. Requests to opt in or opt out must be made in writing.
- Keep a voting list showing which members will vote electronically and which will vote by written ballot.
- Explain the opt-in or opt-out procedure in the association’s annual policy statement.
Notices and security
Members voting electronically must receive an individual notice explaining how to vote online. Starting January 1, 2027, AB 1892 changes who receives that notice and when.
The election inspector must also make sure the voting system meets the security standards described in The Role of Election Inspectors. That includes giving members a way to confirm, at least 30 days before the voting deadline, that their device can connect to the system. Once an electronic ballot is cast, it cannot be revoked, just like a mailed paper ballot.
Electronic voting does not replace the protections built into California HOA voting laws. It simply gives boards another compliant way to reach homeowners, and for many communities, it makes participation significantly easier.
Board Member Qualifications (AB 1764 & Civil Code §5105)
California HOA voting laws also set standards for who can serve on the board. Under Civil Code §5105 and AB 1764, associations may adopt reasonable qualifications, but they must apply them consistently. Common requirements include being current on assessments, remaining in good standing, and ensuring that joint owners do not serve at the same time. A member is automatically disqualified if their property is sold, and some associations may place restrictions based on certain criminal convictions.
It’s also recommended that board members complete training on the Davis-Stirling Act and election procedures. Consistent enforcement of these qualifications is essential. Unequal application of the rules can open the door to disputes or legal challenges.
Candidate and Voter Lists
California law requires HOAs to maintain clear candidate lists and voter lists as part of the election process. Candidate lists typically include the names and addresses of all qualified nominees, while voter lists must include each member’s name, voting power, and property address or parcel number. These lists must be available for member review at least 30 days before ballots are mailed, giving homeowners the chance to confirm their information. Inspectors of election must correct errors within two business days to ensure accuracy and fairness.
Campaign Resources and Equal Access
Under Civil Code §5135, HOA funds cannot be used for campaign purposes, such as promoting or opposing a candidate. If the association allows use of its media (like newsletters or websites), it must provide equal access to all candidates. This ensures fairness and prevents boards from favoring certain individuals. Exceptions exist for legally required communications, such as ballot notices.
Counting and Announcing Results
Ballots must be counted in an open meeting where members can observe. Inspectors open envelopes, verify eligibility, and tabulate votes without interference. Results must be announced immediately and recorded in the minutes. All ballots, envelopes, and related materials must be kept for at least one year, allowing for any review or challenge.
Penalties for Non-Compliance
Failing to follow California HOA voting laws can have serious consequences. Under Civil Code §5145, members may challenge elections in court. Judges can order new elections, award attorney’s fees, and impose civil penalties of up to $500 per violation. In some cases, election results may even be overturned.
How Ballot Bliss Helps California HOAs
Staying on top of California HOA voting laws can feel overwhelming, especially when boards are juggling secret ballot requirements, notice deadlines, inspector oversight, and electronic voting rules that keep evolving. That’s where Ballot Bliss comes in. Our team has worked extensively with certified Inspectors of Elections across California to understand their workflow, documentation needs, and security expectations under the electronic voting law. This collaboration has helped us design a platform that not only simplifies the process for boards but also supports inspectors in carrying out their duties with confidence and accuracy.
Ballot Bliss is built to handle the exact challenges California boards face:
- Secret Ballot Protection: Enforces the dual-envelope process digitally, keeping votes anonymous and secure. Even our team cannot see who voted for what.
- Proxy and Write-In Management: Handles complex scenarios smoothly without breaking compliance.
- Multilingual Ballot Invitations: Engages diverse communities across California.
- Audit Trails and Receipts: Every vote is time-stamped and verifiable, reducing disputes and strengthening transparency.
- Hybrid Elections: Supports both paper and electronic ballots, so members can choose the option that works best for them.
- Built for AB 2159 and AB 1892: Secure voter authentication and built-in voter opt-in tracking show exactly which members are voting electronically, so boards can send the right notice to the right members, on time, right from the platform.
Beyond these, Ballot Bliss makes life easier for boards and managers. Election setup takes minutes instead of weeks, results are available instantly, and detailed reports help boards communicate outcomes clearly. Communities that use Ballot Bliss see higher participation of up to 80%, fewer disputes, and greater homeowner trust.
For California boards, this means peace of mind. You can focus on leading your community while knowing your elections are transparent, compliant, and professionally managed from start to finish.
Simplifying California HOA Voting Laws for Boards and Managers
California HOA voting laws create a clear framework for running elections that are fair, transparent, and legally sound. Electronic voting arrived in 2025, giving boards new ways to engage homeowners. Starting in 2027, AB 1892 makes uncontested elections easier to plan and ties electronic ballot notices directly to the members who vote online.
The fundamentals have not changed. Adopt clear election rules, appoint qualified inspectors, keep accurate voter records, and plan your notice timelines well ahead of election day. Boards that get these right, and use secure tools like Ballot Bliss, run smoother elections and build stronger trust.
Ready to simplify your next election? Schedule a demo with Ballot Bliss and see how easy it is to stay compliant with California HOA voting laws.
