Electronic Voting

Is your HOA ready for electronic voting?

Electronic Voting Now Permitted (AB 2159)

As of January 1, 2025, Civil Code was amended to allow homeowners associations (HOAs) in California to utilize an inspector or inspectors of elections, as specified in Section 5110, to conduct an election by electronic secret ballot (ESB), for most secret ballot elections.

Here are some key points:

Election Rules Update: HOAs must update their election rules to permit electronic voting. This includes allowing homeowners to opt in or out of electronic voting
Security and Anonymity: Measures must be in place to ensure secure, anonymous, and accurate voting
Record-Keeping: HOAs need to adopt new record-keeping practices, such as maintaining lists of electronic and paper ballot voters
Limitations: Electronic voting cannot be used for certain types of elections, such as approving special assessments

This shift aims to make the voting process more convenient and accessible for homeowners while maintaining the integrity of the election process.

Here are some key timeline points:

Annual Policy Statement: Notice of how to opt in/out of Electronic Voting must be included in the annual policy statement.
Opt-in/Out Deadline Requirement: Owners must update their preference for how to receive ballots (electronic or traditional paper ballots) not less than 90 days before an election.
Opt-in/out Notice Requirement: Notice of how to opt in/out must be sent a minimum of 120 days before the election is to take place (30 days before the deadline).
Election Rules may not be amended within 90 days of an election: Depending on where the Association is in their election cycle, ESBs may not be available until 2026.

Associations will need to determine how they want to proceed for future elections and amend their Election Rules accordingly.

Option 1: The Association keeps paper secret ballots as the preferred voting method for all elections (excluding regular and special assessment increases, which are prohibited under current law to be voted on by ESB) going forward. Owners may then opt-in to receive an ESB. If they don’t opt-in, they are automatically sent a paper ballot by mail.

Option 2: The Association opts to make Electronic Voting their preferred voting method for all elections (excluding regular and special assessment increases) going forward. Owners would then be able to opt-out of receiving ESB and receive a paper ballot instead.

If the Association chooses Option 2, all Members for whom the Association has a valid email address shall be sent an electronic secret ballot unless they request a paper secret ballot in writing. If the Association does not have a Member’s valid email address, the Association shall send the Member a paper secret ballot.

Members may update their preferred method of voting from electronic ballot to written ballot or written ballot to electronic ballot no less than 90 days before an election.

Please note: Nominations from the Floor at the annual meeting shall be prohibited when Electronic Voting is in effect and the procedures for opting out of voting by electronic secret ballot shall be contained in the Annual Policy Statement.

Professional.

“Our sincere thanks for a successful annual meeting. Very smooth, professional and cordial support.”

– David S., Palm Desert, CA