Who decides voting power in a California HOA election?

The election operating rules required by Civil Code section 5105 set out voting power, and the inspector of elections determines the number of memberships entitled to vote and the voting power of each.

California HOA Voting Rules: Who Can Vote and How

Last reviewed November 9, 2026 by the HOA Elections of California inspector team

California HOA voting is governed by Article 4 of the Davis-Stirling Act, Civil Code sections 5100 to 5145. Members vote by secret ballot on four kinds of decisions, an independent inspector of elections runs the vote, and the association's own election rules fill in who can vote and with how much voting power. These rules apply even where the CC&Rs or bylaws say otherwise. This page is the short version, with a link to the full answer for each topic.

Which votes follow these rules

Civil Code section 5100 requires a secret ballot for four things: assessments that legally require a member vote, the election and removal of directors, amendments to the governing documents, and grants of exclusive use of common area under Section 4600. A board seat must go to an election when the director's term expires, and at least once every four years regardless. A recall counts as removal of directors, so it follows the same process. See HOA secret ballot rules.

Who can vote, and with how much voting power

Members of the association vote. The election operating rules required by Civil Code section 5105 must set out voting power and proxies, and the association keeps a voter list showing each voter's name, voting power and property identifier. The inspector of elections determines the number of memberships entitled to vote and the voting power of each, and hears any challenge to the right to vote. Where the governing documents provide for cumulative voting, it must be used. More on the inspector's role is on what a California inspector of elections does.

The election rules come first

Section 5105 requires every association to adopt election operating rules covering equal candidate access to association media and meeting space, candidate qualifications and nominations, voting power and proxies, the voting period and how inspectors are chosen. Those rules cannot be adopted or amended less than 90 days before an election. See HOA board nominations and write-in candidates and election by acclamation for what happens when seats are not contested.

How members cast a vote

Members vote by secret ballot in a double envelope, signing the outer envelope so the inspector can confirm the ballot came from a member entitled to vote. An association may run an election entirely by mail, entirely by electronic secret ballot once it adopts a rule allowing it, or by a combination of the two. Elections on regular or special assessments cannot be held electronically. See HOA electronic voting rules and how hybrid voting works.

Proxies

A proxy is not a ballot and cannot replace one. The inspector rules on the authenticity, validity and effect of every proxy. See HOA election proxies for what a proxy can and cannot do.

Quorum

A quorum applies only if the governing documents or another provision of law require one. Where it does, every ballot the inspector receives counts as a member present, and electronic votes count the same way. If quorum fails at a director election, the association can adjourn to a meeting at least 20 days later at a 20 percent quorum, as long as members were told in advance. See what happens when an HOA election fails to reach quorum.

Counting, results and challenges

The inspector counts the ballots in public at an open meeting, and the board must give general notice of the results within 15 days. Ballots stay in the inspector's custody until the time to challenge the election has passed. See how HOA ballots are counted and how to challenge an HOA election result.

For every step in date order, see the complete guide to California HOA elections, and for each statute section, Davis-Stirling election rules.

Need an independent inspector of elections? We run paper, electronic and hybrid elections for California homeowners associations and apply these rules from the first notice to the final count.

Request a proposal or see our HOA election and voting services.

Official sources

This page is general information about California law and is not legal advice. Requirements can turn on the wording of your governing documents, and associations should confirm their obligations with their own counsel.