Requirement. Beginning July 1, 2006, all associations are required to adopt election rules. (Civ Code § 5105(a).) Failure to do so may result in costly legal challenges that could void election results.
Beginning January 1, 2020, significant changes were made to the Davis-Stirling Act related to director elections. The changes require all homeowner association election rules in California be amended.
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Election rules should contain the following:
- Nomination procedures
- Director candidate qualifications
- A method of selecting independent third parties as inspectors of election
- Rules for access to association media during campaigns
- Rules for access to common area meeting space during campaigns
- Secret balloting procedures
- Procedures for uncontested elections
- Recall election procedures
- Retention of election materials
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Let's decode the legal jargon on HOA elections CIVIL CODE SECTION 5100-5145 into something a bit more relatable.
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Secret Ballots are a Must: - Whenever there's a big decision, like picking board members, changing rules, or anything major, secret ballots are the way to go. Just like on reality TV, but with less drama (usually).
One Rule for All - These rules cover every HOA, whether it’s big, small, official, or informal. It’s a one-size-fits-all approach.
Direct Votes Only - No middlemen here. Your vote is your voice, so it’s direct, not through some delegate.
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Equal Opportunities in Campaigns - If someone's running for a board spot or pushing a viewpoint, they all get a fair shake in using HOA newsletters or websites. It’s like equal airtime during election season.
Clear-cut Rules for Everything - HOAs need straightforward rules for candidate qualifications, voting procedures, and vote counting. Think of it as the instruction manual for the game of HOA elections.
Choosing the Election Inspector - There's an inspector (that's us!) who makes sure everything's fair. They're like the umpires, but for your HOA elections.
Keeping Votes Private - The double-envelope system is used to keep your vote a secret.
Transparent Vote Counting - Votes are counted openly, like showing your work in a math problem to prove you got it right.
No HOA Funds for Campaigns - HOA funds can't be used for election campaigns, except when the law says so. It's like having a rule against using the group's road trip fund for solo adventures.
Legal Rights and Actions - If rules are broken, members can take legal action within a year. It’s about having a fair chance to challenge the play if there’s a foul.
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