Davis-Stirling Election Rules for California HOAs

The Davis-Stirling election rules, set out in California Civil Code sections 4000 through 6150, govern how every homeowners association in the state must handle board elections and other member votes. They cover who can run, who counts the ballots, how ballots move between the association and its members, how results are announced, and how a member can challenge an election that went wrong. The requirements apply to condominiums, planned developments, and stock cooperatives alike, and a single procedural misstep can void the whole election.

Which Votes the Rules Apply To

Civil Code Section 5100 identifies four categories of votes that must use a secret ballot: elections and removals of directors, votes on assessments that legally require member approval, amendments to the governing documents, and grants of exclusive use of common area. An association can also designate additional topics in its operating rules.¹

Anything outside those categories can be handled through a regular meeting vote or whatever procedure the governing documents allow. For the four mandatory categories, every step described below applies in full.

Who Can Run for the Board

One disqualification is automatic. A person who is not a member of the association at the time of nomination cannot run. The statute imposes this directly, without any need for a bylaw.²

Beyond that, an association may add disqualifications through its bylaws or election operating rules, but only from a specific list the statute allows:

Being behind on regular or special assessments. Fines, late charges, and collection costs do not count. A nominee who paid under protest, or who is following a payment plan, cannot be disqualified. Before disqualifying anyone on this basis, the association must first offer internal dispute resolution.²
Joint ownership of the same unit as a sitting director. The association can prevent co-owners of one unit from serving simultaneously.
Fewer than one year of membership.
A past criminal conviction that would keep the association from getting or keeping the fidelity bond required by Section 5806.

Whatever disqualifications the association adopts, they must be applied uniformly to every candidate. The nomination period must be announced at least 30 days before the nomination deadline.³

The Independent Inspector of Elections

Every election must be overseen by one or three independent inspectors selected by the association. The independence requirements are strict. An inspector cannot be a current director, a candidate, or a relative of any director or candidate. And they cannot be any person or business currently employed by or under contract with the association for any paid services other than serving as inspector.⁴

That last rule disqualifies the association’s property management company. A qualifying volunteer member, a CPA with no other association contract, or a professional election service without a separate management relationship can fill the role.

Under Section 5110, the inspector must determine how many members are entitled to vote and each member’s voting power, verify the validity of any proxies, receive all ballots, hear and decide challenges to any person’s right to vote, count and tabulate votes, determine when the polls close consistent with the governing documents, and certify the results. If the association uses electronic voting, the inspector must also confirm the online system meets every statutory security requirement.⁴

The 30-Day Notice and Pre-Ballot Lists

The election timeline starts at least 30 days before ballots are distributed. The association must send a general notice that includes the deadline and physical address for returning ballots, the date and location of the meeting where ballots will be counted, and the full list of candidates who will appear on the ballot.³

Two documents must be prepared: a candidate registration list and a voter list. Members have the right to review their own information on both lists at least 30 days before ballots go out. If a member spots an error or omission, the inspector must correct it within two business days.²

The ballot itself must clearly state how many candidates each member may vote for.

How Members Vote

California requires a double-envelope method that protects voter anonymity while letting the inspector verify identity. The member marks the ballot and seals it inside a plain inner envelope. That envelope goes into a second outer envelope, on which the voter signs their name and provides their address or unit number. The inspector uses the outer envelope to confirm the voter is qualified, then separates it from the inner envelope before counting. No name, address, or unit number may appear on the ballot itself.³

Ballots and both preaddressed envelopes must be mailed first-class or delivered to every member at least 30 days before the voting deadline.

Electronic Voting

An association may adopt an operating rule allowing electronic secret ballots as an alternative to paper. Online voting is available for director elections and most other measures, but votes on regular or special assessments still require paper ballots. Any electronic system must authenticate each voter’s identity, permanently separate identifying information from the ballot, transmit a receipt to each voter, and store ballots for a potential recount.

Electronic voting cannot be the only option. Every member must be able to opt out and vote by written secret ballot instead. Members who want to opt out generally must do so at least 90 days before the election. The association must deliver individual notice of the electronic ballot option at least 30 days before the election, with instructions for accessing the system.⁴

Counting, Announcing, and Storing Results

Once the voting deadline passes, the inspector opens and counts ballots at the meeting previously noticed to the membership. Members may attend and observe the count.³

After the count, the board must give general notice of the tabulated results to the entire membership within 15 days of the election. The notice must include the actual vote tallies, not just the winners’ names.

All physical election materials, including sealed ballots, signed outer envelopes, the voter list, proxies, the candidate registration list, and any electronic tally sheets, stay in the inspector’s custody until the one-year challenge period under Section 5145 expires. After that, custody transfers to the association. If a member requests a recount or challenges the results, the inspector must make ballots and tally sheets available for inspection in a way that preserves voter confidentiality.⁵

Quorum and Reconvened Meetings

A quorum is only required if the governing documents or another law calls for one. Each ballot the inspector receives counts as a member present for quorum purposes, so mailed ballots contribute even when the voter does not attend in person.³

When the governing documents do require a quorum and the association falls short, the meeting can be adjourned and reconvened at least 20 days later. At the reconvened meeting, the quorum drops to 20 percent of the membership. If the governing documents already set a quorum lower than 20 percent, that lower number controls. The association must give general notice of the reconvened meeting at least 15 days beforehand, including the new date, time, location, candidate list, and a statement explaining the reduced quorum threshold.

Equal Access for Candidates

If the association gives any candidate access to its newsletter, website, or other association media during the campaign, it must give equal access to every candidate and to any member advocating a position on a ballot measure. The board cannot limit access to candidates it endorses.²

The association also cannot edit or redact the content of candidate communications. It may attach a disclaimer stating the candidate, not the association, is responsible for the content, but the message itself must go out untouched.

Common area meeting space must be made available at no cost to all candidates and to members advocating a point of view, whether or not the board endorses them.

Challenging an Election

A member who believes the association violated any election rule can file a civil action in superior court. The deadline is one year from the date the inspector notifies the board and membership of the results, or one year from the date the violation is discovered, whichever comes later.⁶

If the court finds a violation, it can void the election, order a new one, or fashion other relief. The court may impose a civil penalty of up to $500 per violation, though identical violations affecting every member equally count as a single violation for penalty purposes.

A member who wins is entitled to reasonable attorney’s fees and court costs. A successful small claims action still entitles the member to recover fees paid to consult an attorney. A prevailing association, by contrast, can recover its costs only if the court finds the member’s suit was frivolous or without foundation, and even then it cannot recover attorney’s fees.⁶

1
California Legislative Information. California Code Civil Code 5100
2
California Legislative Information. California Code CIV 5105
3
California Legislative Information. California Code Civil Code 5115
4
California Legislative Information. California Code CIV 5110
5
California Legislative Information. California Code Civil Code 5125
6
California Legislative Information. California Code Civil Code 5145