Davis-Stirling and HOA Elections: What the Law Requires

The Davis-Stirling Common Interest Development Act governs California homeowners associations, and one narrow slice of it governs their elections: Article 4 of Chapter 6, Civil Code sections 5100 through 5145. Ten sections, and every compliant HOA election in the state runs on them.

This page walks each section in order and explains what it actually requires. If you want the process in chronological order instead, read the complete guide to California HOA elections. That page is the recipe; this page is the reference.

Where Article 4 sits, and what overrides what

Article 4 sets a floor that governing documents cannot lower. Section 5100 says the procedures apply notwithstanding any other law and notwithstanding any contrary provision in the CC&Rs or bylaws, and that they bind incorporated and unincorporated associations alike. Where Article 4 conflicts with the Nonprofit Mutual Benefit Corporation Law on elections, Article 4 prevails.

Two boundaries are worth noting. The procedures apply to votes cast directly by the membership, not to votes cast by delegates or other elected representatives. And directors do not have to be elected under Article 4 at all if the governing documents provide that one member from each separate interest is a director.

Section 5100: when the secret ballot procedures apply

Four categories of vote must be held by secret ballot under Article 4: 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.

Two further rules sit in the same section. An association must hold an election for each board seat when that director’s term expires, and at least once every four years regardless. And the association’s own operating rules can pull additional topics into Article 4 by expressly identifying them.

Last amended by AB 502 (Stats. 2021, ch. 517), effective January 1, 2022.

Section 5103: election by acclamation

If, as of the nomination deadline, the number of qualified candidates does not exceed the number of vacancies, the association may seat those candidates by acclamation without balloting. It is permissive, not mandatory, and it is conditional on seven things having already happened:

• A regular director election within the last three years, measured from the date ballots were due in the last full election to the start of voting for the proposed one.
• An initial individual notice at least 90 days before the nomination deadline, stating the number of seats, the deadline, how to nominate, and that acclamation may occur.
• A reminder notice between 7 and 30 days before the deadline, repeating that information and listing the qualified candidates so far.
• Written or electronic acknowledgment of each nomination within seven business days.
• Written or electronic notice to each nominee within seven business days confirming they qualify, or identifying the basis for disqualification and the procedure to challenge it.
• Permission for every properly nominated candidate to run.
• A board vote at a meeting whose agenda names each candidate to be seated.

The 90-day initial notice is the one that catches associations out. It has to be sent before anyone knows whether the election will be contested, which means acclamation must be planned for at the beginning of every cycle or it is simply unavailable.

Last amended by AB 1764 (Stats. 2023, ch. 770), effective January 1, 2024.

Section 5105: the election operating rules

This is the longest section in the article and the one most associations underestimate. Rules adopted under it must ensure equal access to association media, newsletters and websites for all candidates and members advocating a point of view, without the association editing or redacting their content; ensure free access to common area meeting space during a campaign; specify candidate qualifications and nomination procedures; specify voting power, proxies and the voting period; specify a method for selecting one or three independent inspectors; and require retention of a candidate registration list and a voter list, with members able to verify their own entries at least 30 days before ballots are distributed and errors corrected within two business days.

A nomination procedure is not reasonable if it prevents a member from nominating themself.

On disqualification the statute is deliberately restrictive. Two grounds are mandatory: not being a member at the time of nomination, and having served the maximum number of terms. Optional grounds must be written into the bylaws or election rules and are limited to being behind on regular and special assessments, joint ownership overlap with a sitting or nominated director, and certain criminal convictions that would void the association’s required insurance. Nonpayment of fines, fines renamed as assessments, collection charges, late charges or third-party costs is not a permitted ground, and a member who has paid under protest or is complying with a payment plan cannot be disqualified. No nominee may be disqualified without first being offered internal dispute resolution. Whatever standard is applied to candidates must also be applied to sitting directors.

Two timing rules close the section. Election operating rules cannot be amended less than 90 days before an election. And the inspector must deliver the ballot and a copy of the election rules to each member at least 30 days before the election, or the rules may be posted online with the address printed on the ballot in at least 12-point type.

Last amended by AB 2159 (Stats. 2024, ch. 383), effective January 1, 2025.

Section 5110: the inspector of elections

The association selects one or three independent third parties. The statute offers examples of who qualifies, including a county registrar volunteer poll worker, a licensee of the California Board of Accountancy, or a notary public. The real test, though, is the exclusions. An inspector may be a member of the association. An inspector may not be a director, a candidate for director, or related to either. And an inspector may not be any person, business entity, or subdivision of a business entity currently employed by or under contract to the association for any compensable service other than serving as inspector.

That final clause is why a management company cannot inspect its own client’s election, and why the association’s accountant or attorney generally cannot either. Our page on what a California inspector of elections does covers the independence test in more detail.

The duties are enumerated: determine the number of memberships entitled to vote and the voting power of each; rule on the authenticity, validity and effect of proxies; receive ballots; hear and determine every challenge arising out of the right to vote; count and tabulate all votes; determine when the polls close; determine the tabulated results; and perform any other act proper to conducting the election fairly. The inspector must act impartially and in good faith. Where there are three, the decision of a majority binds. An inspector’s report is prima facie evidence of the facts it states.

For electronic elections the section adds a technical specification. Each electronic voter must be given a way to authenticate their identity, a way to transmit a ballot that preserves the secrecy and integrity of that ballot, and a way to confirm at least 30 days before the voting deadline that their own device can communicate with the system. The voting system itself must authenticate identity, verify that each ballot was not altered in transit, transmit a receipt to the voter, permanently separate identifying information from the ballot so that no vote can be traced back to a member, and store ballots so they remain accessible for recount, inspection and review.

Last amended by AB 2159 (Stats. 2024, ch. 383), effective January 1, 2025.

Section 5115: notices, ballots and quorum

Three notice obligations, each with its own trigger. General notice of the nomination procedure and deadline, at least 30 days before that deadline. General notice, at least 30 days before ballots are distributed, of the ballot return address and deadline, the electronic transmission deadline and preliminary instructions, the date, time and place of the meeting where quorum is determined and ballots are counted, the full candidate list, and a statement about the possible reconvened meeting. And ballots plus two preaddressed envelopes to every paper voter at least 30 days before the voting deadline.

The double envelope is prescribed in detail, modelled on the procedures California counties use for vote-by-mail confidentiality. The ballot carries no name, address, lot, parcel or unit number and is not signed. It goes into a sealed inner envelope, which goes into an outer envelope addressed to the inspector. In the upper left corner of that outer envelope the voter signs their name, indicates their name, and indicates the address or separate interest identifier that entitles them to vote. It may be mailed or hand delivered, and the member may request a receipt.

Quorum applies only if the governing documents or another provision of law require it. Where required, every ballot the inspector receives counts as a member present. If quorum fails at a director election, the association may adjourn to a date at least 20 days later, and the quorum at that reconvened meeting drops to 20 percent of members voting in person, by proxy or by secret ballot, unless the governing documents already set something lower. Notice of the reconvened meeting, with the candidate list and a statement of the reduced quorum, must go out no less than 15 days ahead.

The section also requires cumulative voting where the governing documents provide for it, permits an election to be conducted entirely by mail, entirely by electronic secret ballot, or by a combination of the two, and requires the text of any proposed governing document amendment to be delivered with the ballot.

Last amended by AB 1170 (Stats. 2025, ch. 67), effective January 1, 2026. AB 1170 was a maintenance-of-the-codes bill, so the changes to this section were nonsubstantive.

Section 5120: counting and reporting the result

Votes are counted and tabulated by the inspector, or the inspector’s designee, in public at a properly noticed open meeting of the board or of the members. Any candidate and any member of the association may witness the count.

No one may open or otherwise review any ballot before that meeting, and no one may review the tally sheet of electronic votes before it either. The prohibition names members and employees of the management company explicitly. The only handling permitted beforehand is the inspector verifying the member information and signature on the outer envelope. Once the inspector receives a secret ballot, it is irrevocable.

Results go promptly to the board, are recorded in the minutes of the next board meeting, and are available for member review. The board must give general notice of the tabulated results within 15 days of the election.

Last amended by AB 2159 (Stats. 2024, ch. 383), effective January 1, 2025.

Section 5125: custody of election materials

The sealed ballots, signed voter envelopes, voter list, proxies, candidate registration list and the tally sheet of electronic votes stay in the inspector’s custody, or at a location the inspector designates, until after tabulation and until the time allowed by Section 5145 for challenging the election has expired. Only then does custody transfer to the association.

If there is a recount or any other challenge to the election process, the inspector must, on written request, make the ballots and the tally sheet available for inspection and review by a member or the member’s authorized representative. Any recount must be conducted in a way that preserves the confidentiality of the vote.

Last amended by AB 2159 (Stats. 2024, ch. 383), effective January 1, 2025.

Section 5130: proxies

A proxy is a written authorization, signed by a member or the member’s authorized representative, that gives another member the power to vote on their behalf. “Signed” is defined broadly: manual signature, typewriting, telegraphic transmission or otherwise.

The critical rule is that a proxy is not a ballot and may not be used in place of one. An association may use proxies if its bylaws permit or require them and the proxies meet the requirements of the article, but the association is never obliged to prepare or distribute them. Any instruction directing how the proxyholder must vote has to sit on a separate page of the proxy that can be detached and kept by the proxyholder, and the proxyholder still casts the vote by secret ballot. A member may revoke a proxy up until the inspector receives the ballot.

Added by AB 805 (Stats. 2012, ch. 180), operative January 1, 2014.

Section 5135: association funds and campaign purposes

Association funds may not be used for campaign purposes in connection with a board election, and may not be used for campaign purposes in any other association election except to the extent necessary to comply with a duty imposed on the association by law.

“Campaign purposes” includes expressly advocating the election or defeat of a candidate on the ballot, and including a candidate’s photograph or prominently featuring their name in a communication from the association or its board within 30 days of an election. Ballots, ballot materials and legally required communications are carved out, as is any communication for which Section 5105 requires that equal access be given to another candidate or advocate.

Added by AB 805 (Stats. 2012, ch. 180), operative January 1, 2014.

Section 5145: enforcement, penalties and fees

A member may bring a civil action for declaratory or equitable relief, including injunctive relief, restitution, or a combination, within one year of the date the inspector notifies the board and membership of the results or the date the cause of action accrues, whichever is later.

The burden allocation is what gives the article teeth. If the member proves by a preponderance of the evidence that the Article 4 procedures, or the adoption of and adherence to the rules required by Article 5, were not followed, 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.

A prevailing member is entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to $500 per violation, except that identical violations affecting every member equally carry only one penalty. A prevailing association recovers no costs unless the court finds the action frivolous, unreasonable or without foundation. A member who prevails in small claims court is still awarded court costs and the reasonable attorney’s fees incurred consulting an attorney about the action. The action may be brought in superior court, or in small claims court if the demand is within its jurisdictional limit.

Last amended by SB 323 (Stats. 2019, ch. 848), effective January 1, 2020.

What AB 2159 changed, effective January 1, 2025

AB 2159 (Stats. 2024, ch. 383) is the electronic voting bill, and it amended four sections of Article 4.

Section 5105 gained subdivision (i), the authority to adopt an election operating rule allowing the inspector to conduct an election by electronic secret ballot. That subdivision carries its own requirements: an opt-in or opt-out structure, the right to change voting method up to 90 days before the election, identical content on electronic and written ballots, a maintained list of who votes which way, disclosure of the opt-in or opt-out procedure in the annual statement, a valid email address from every electronic voter, and a written ballot for any member whose email address the association does not have when ballots are distributed. An electronic vote is effective when transmitted, cannot be revoked, and counts toward quorum. Elections regarding regular or special assessments are excluded from electronic voting entirely.

Section 5110 gained the technical specification for the internet-based voting system and the inspector’s duty to ensure compliance with it. Sections 5120 and 5125 were amended to bring the electronic tally sheet inside the no-early-review rule and the custody rule.

Amendment history at a glance

Current amendment status of Civil Code Article 4, Member Election

Section	Last amended or added by	Effective
Civil Code 5100	AB 502 (Stats. 2021, ch. 517)	January 1, 2022
Civil Code 5103	AB 1764 (Stats. 2023, ch. 770)	January 1, 2024
Civil Code 5105	AB 2159 (Stats. 2024, ch. 383)	January 1, 2025
Civil Code 5110	AB 2159 (Stats. 2024, ch. 383)	January 1, 2025
Civil Code 5115	AB 1170 (Stats. 2025, ch. 67)	January 1, 2026
Civil Code 5120	AB 2159 (Stats. 2024, ch. 383)	January 1, 2025
Civil Code 5125	AB 2159 (Stats. 2024, ch. 383)	January 1, 2025
Civil Code 5130	AB 805 (Stats. 2012, ch. 180), added	January 1, 2014
Civil Code 5135	AB 805 (Stats. 2012, ch. 180), added	January 1, 2014
Civil Code 5145	SB 323 (Stats. 2019, ch. 848)	January 1, 2020

Putting the statute into practice

Knowing what the sections say is one thing; running the calendar is another. The full table of minimum statutory deadlines is on our California HOA election resources page, the process in chronological order is in the complete guide to California HOA elections, and shorter answers to the questions homeowners ask most are in our frequently asked questions. To convert the statutory minimums into real calendar dates, use the free HOA election timeline calculator.

Talk to an inspector of elections

Official sources

Every section described on this page is published in full by California Legislative Information. These links open the official statute text.

• Civil Code 5100 — which association votes must be decided by secret ballot, and what Article 4 governs
• Civil Code 5103 — election by acclamation when the number of qualified nominees does not exceed the number of open seats
• Civil Code 5105 — the election operating rules an association must adopt, including the rules that govern electronic voting
• Civil Code 5110 — selecting an independent inspector of elections, who is disqualified from serving, and the inspector’s duties
• Civil Code 5115 — nomination notice, the candidate registration list, and the ballot and meeting notice deadlines
• Civil Code 5120 — counting ballots in public at a properly noticed open meeting, and reporting the result
• Civil Code 5125 — custody of the sealed ballots and election materials, and how long they must be retained
• Civil Code 5130 — proxies: what they are, and why a proxy is not a ballot
• Civil Code 5135 — the prohibition on using association funds for campaign purposes
• Civil Code 5145 — the civil action a member may bring when an association violates Article 4
• Article 4, Member Election, sections 5100 to 5145, full text

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.