Can You Challenge an HOA Election Result?

Last reviewed October 19, 2026 by the HOA Elections of California inspector team

Yes. Under Civil Code section 5145, a member can sue to void an HOA election within one year of the date the inspector of elections notifies the board and membership of the results, or the date the cause of action accrues, whichever is later. If the member shows the election procedures were not followed, the court voids the result unless the association proves the problem did not affect the outcome.

Who can challenge, and by when

Any member of the association may bring a civil action for declaratory or equitable relief, including an injunction, restitution, or both. The one-year clock starts on the later of two dates: when the inspector notifies the board and membership of the election results, or when the cause of action accrues.

What the member has to prove

The member must show, by a preponderance of the evidence, that the association did not follow the election procedures in Article 4 (Civil Code 5100 to 5145) or did not adopt and follow the election rules the law requires. If the member meets that burden, the court shall void the results unless the association proves, by a preponderance of the evidence, that its noncompliance did not affect the outcome. The court's findings are stated in writing as part of the record.

Fees, costs and penalties

  • A member who prevails is entitled to reasonable attorney's fees and court costs.
  • The court may impose a civil penalty of up to 500 dollars per violation, but identical violations that affect every member equally carry only one penalty.
  • An association that prevails recovers no costs unless the court finds the action frivolous, unreasonable or without foundation.
  • The case can be filed in superior court, or in small claims court if the demand is within its limit. A member who prevails in small claims still recovers court costs and reasonable fees incurred consulting an attorney about the action.

Why ballot custody decides most disputes

Under Civil Code section 5125, the sealed ballots, signed voter envelopes, voter list, proxies, candidate registration list and the electronic tally sheet stay with the inspector of elections until the one-year challenge period under Section 5145 has expired. If there is a recount or other challenge, the inspector must make the ballots and tally sheet available for inspection by a member or the member's representative on written request, in a way that keeps each vote confidential. An election with an intact custody record is far easier to defend.

Procedures that most often go wrong

The requirements a challenge usually tests are the ones with fixed timing or independence rules: the 30-day ballot delivery window and double envelope under Civil Code section 5115, the ban on opening ballots before the public count under Civil Code section 5120, election rules adopted at least 90 days before the election under Civil Code section 5105, and an inspector who is independent of the board and of anyone under contract to the association under Civil Code section 5110.

How an independent inspector reduces the risk

The inspector rules on proxies, hears challenges to the right to vote, counts in public and keeps the election materials through the challenge period, and an inspector's report is prima facie evidence of the facts it states. See what a California inspector of elections does.

Want an election that holds up if it is challenged? We serve as independent inspector of elections for California HOAs and keep custody of ballots and election materials through the challenge period.

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

Related reading

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.