Why an Election?
HOA elections are key to keeping your community well-managed and fair. By voting, you help choose board members who make important decisions about budgets, rules, and property upkeep. It's your chance to have a say in how your neighborhood is run!
Applicable Elections. As provided for in Civil Code § 5100, applicable elections include:
Election of directors
Removal of directors
Special assessments
Amendments to the CC&Rs and bylaws
Grants of exclusive use common areas
Board of Directors Elections - This is the most common type of election in HOAs, where members vote for individuals to serve on the HOA board. The inspector ensures that the election process is conducted according to the governing documents and state law.
​
Recall Elections - If a group of members is dissatisfied with a board member or the entire board, they might initiate a recall election, which would be overseen by an inspector.
​
Removal of Board Members - In some cases, the members of an HOA may have the right to vote to remove one or more board members before the end of their term. The inspector would oversee this process.
Special Assessments or Increases in Regular Assessments - If the HOA proposes significant increases in assessments or special assessments beyond a certain threshold, a vote of the membership may be required. The inspector would oversee this voting process.
​
Amendments to Governing Documents - Changes to the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, or other governing documents often require a vote of the membership. Inspectors oversee the process to ensure proper procedures are followed.
Referendums on Specific Issues - Occasionally, specific issues may arise that require a vote by the membership. This could include things like changes in services, community rules, or other significant decisions.
​
Votes on Litigation Matters - In certain cases, the HOA might require a vote of the membership to proceed with litigation or to settle a legal matter.
Major Capital Improvement Projects - Some HOAs require a vote of the membership for approval of major capital improvement projects, especially if they involve a significant expenditure or assessment increase.
Election of Committee Members - Some HOAs also have committees (like architectural review, finance, etc.), and the election of these committee members might be overseen by an inspector.
Proxy Voting Management: In many HOA elections, members vote by proxy. Inspectors ensure that these proxy votes are managed and counted according to the HOA’s rules and legal requirements. It's important to note that the specific roles and responsibilities of an inspector of elections can vary based on the HOA's governing documents and state laws. The California Civil Code, particularly the Davis-Stirling Common Interest Development Act, provides guidelines and requirements for many aspects of HOA governance, including elections.
Amending Election Rules. Election rules can be amended but associations must follow the rule amendment process required by the Davis-Stirling Act. Election rules cannot be amended less than 90 days prior to an election. (Civ. Code § 5105(h).)
With the separate mandatory 28-day notice period for membership review of proposed rule changes (Civ. Code § 4360(a)), the waiting period for updating election rules is extended to 118 days (4 months) since the change cannot be approved by the board until the end of the 28 days. Unfortunately, the statute does not define the starting point for an election, which has created some disagreement regarding the 90-day period. Boards should consult legal counsel on this issue.
​
​