Can an HOA member still get a paper ballot if the association votes electronically?

Yes. The rule must use an opt-in or opt-out structure, members can change their voting method up to 90 days before the election, and a member without a valid email address on file when ballots are distributed receives a written ballot.

Can a California HOA Vote Electronically?

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

Yes, if the association adopts an election operating rule that allows it. Since January 1, 2025, AB 2159 has let a California HOA authorize its inspector of elections to conduct an election by electronic secret ballot under Civil Code section 5105, subdivision (i). Members keep the right to a paper ballot, and elections on regular or special assessments cannot be held electronically.

Step one: an election operating rule

Electronic voting is not automatic. The board has to adopt an election operating rule that allows the inspector to run the election by electronic secret ballot. Like any election operating rule, it cannot be adopted or amended less than 90 days before an election, so the decision has to be made early in the cycle.

Opt-in or opt-out

The rule has to set up either an opt-in or an opt-out structure: members either choose electronic voting, or are voting electronically unless they choose paper. The association must describe the opt-in or opt-out procedure in its annual statement, and it must keep a list of which members vote which way.

Members can switch methods up to 90 days before the election

A member can change their voting method up to 90 days before the election. Members of associations we serve can use the voting preference form to choose paper or electronic.

Members without an email address get paper

Every electronic voter needs a valid email address on file. If the association does not have one for a member when ballots go out, that member receives a written ballot. The electronic and written ballots must carry identical content, which is why a hybrid election, with some members on paper and some online, is common.

What cannot be voted on electronically

Elections regarding regular or special assessments are excluded from electronic voting entirely. Board elections, recalls and governing document amendments can be held electronically once the rule is in place.

What the voting system has to do

Civil Code section 5110 sets the technical floor. Each voter must be able to authenticate their identity, transmit a ballot that preserves its secrecy and integrity, and confirm at least 30 days before the voting deadline that their device can reach the system. The system must verify each ballot was not altered in transit, send the voter a receipt, permanently separate identifying information from the ballot, and store ballots so they stay available for recount, inspection and review.

Electronic votes are final and count toward quorum

An electronic vote is effective when it is transmitted and cannot be revoked. It counts toward quorum the same way a returned paper ballot does. The tally sheet of electronic votes falls under the same no-early-review rule in Civil Code section 5120 and the same custody rule in Civil Code section 5125 as paper ballots.

What voting looks like for homeowners

The ballot arrives by email with a secure link unique to each member, takes about two minutes to complete, and ends with an on-screen confirmation and an emailed receipt. Watch the walkthrough on how electronic voting works.

Thinking about electronic or hybrid voting? We run paper, electronic and hybrid HOA elections as your independent inspector of elections, and we can map the 90-day rule and opt-in or opt-out deadlines onto your calendar.

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.