Overview
California’s HOA elections are governed by Civil Code 5100–5145, which are part of the Davis-Stirling Act, and which set rules for fair nomination, voting, and ballot handling. These election-related procedures are highly complex, interwoven with multiple parts of California law, and often confusing to both homeowners and board members. The overlap between the Civil Code, Corporations Code, and governing documents can make it difficult to know which rules apply and how to challenge violations.
This Fact Sheet explains how California HOA elections are supposed to work, what procedural safeguards the law requires, and how homeowners can challenge improper results through small claims or superior court actions depending on the scope of relief sought.
Key Points
HOA elections in California are structured by statute to ensure transparent procedures and fair results. The following points summarize the key legal requirements and member rights that apply to elections under the Davis-Stirling Act.
- Secret ballots are mandatory. Civil Code 5100 requires that all board elections be conducted by secret ballot using the double-envelope system described in Civil Code 5115 to protect voter privacy. Recent legislation, which went into affect on January 1, 2025 by amending several of the voting-related statutes referenced in this Fact Sheet, also allows electronic voting systems that meet specific safeguards under Civil Code 5110(c), including voter authentication, ballot secrecy, confirmation of receipt, and secure electronic retention of ballots for auditing. HOAs adopting online voting must still ensure that electronic ballots are counted, observed, and retained with the same transparency as paper ballots. [In the very near future, I will do a separate Fact Sheet on electronic voting.]
- Equal access applies to all candidates. Civil Code 5105 guarantees equal access to association media and common area facilities for campaign purposes. Boards cannot favor incumbents or particular candidates.
- Independent inspectors must oversee ballot handling. Civil Code 5110 requires independent inspectors of elections to receive, count, and retain ballots for at least one year. The process must be observable by members. Inspectors must also verify compliance with the technical requirements for electronic voting platforms and ensure that results are auditable if digital ballots are used.
- Advance notice and timelines are strict. Civil Code 5115 establishes deadlines for notice, nominations, and mailing of ballots for director elections and all other votes covered by Civil Code 5100(a), including assessments, CC&R amendments, and exclusive-use common-area grants. Boards that alter these timelines risk invalidating the election.
- Members and their representatives have a right to inspect ballots. Under Civil Code 5125, members or their authorized representatives, including attorneys, may review election materials, provided ballot secrecy is preserved. For electronic elections, members have the same right to review certified audit logs or other digital proof of voting accuracy without compromising voter anonymity.
- Court options for challenging election results. When HOAs violate election procedures, homeowners have two main judicial avenues for relief. The right forum depends on the complexity of the violation and the kind of order the homeowner needs.
- Small Claims Court
- Under Civil Code 5145, a small claims judge may issue equitable and declaratory relief (an exception to the normal limits on small-claims jurisdiction). This means a homeowner could, for example, obtain an order requiring the HOA to conduct an election or correct a specific procedural defect. [On a separate but related note, small claims courts can also address violations tied to Civil Code 5200 record-demand issues.]
- Small claims is usually most effective for limited procedural violations, such as failures to give proper notice, mail ballots on time, or count votes accurately. However, while a small claims court can grant the order, it might not be the best place do those types of things. Enforcement and follow-up supervision, especially of post-judgment election steps, are difficult to manage for a small claims judge. Bench guides even caution small claims judges about the challenges of enforcing equitable orders in small claims court. In those types of cases, therefore, the superior court might be the better option.
- Superior Court
- For anything beyond narrow procedural fixes, the superior court is probably going to be the more practical and durable forum. Under Corporations Code 7616, a homeowner can file a petition asking the court to determine the validity of an election or appointment of directors. The superior court can void results, order a new election, appoint a neutral inspector, and supervise compliance with its orders. In my opinion, superior court remains the sturdier procedural and remedial path for invalid elections, complex irregularities, or cases requiring ongoing judicial oversight.
- Small Claims Court
California law gives homeowners a detailed framework for understanding, monitoring, and, when necessary, challenging HOA elections. The Davis-Stirling Act governs everything from ballot confidentiality and equal access to inspector independence and election timelines. Knowing these core rules allows homeowners to spot irregularities early, preserve evidence properly, and choose the most effective enforcement path, whether through small claims for minor procedural violations or superior court for full election challenges.
FAQs
What laws govern HOA elections in California?
Civil Code 5100-5145 govern member elections, including assessments, director votes, CC&R amendments, and exclusive-use common-area grants (such as those contemplated in Civil Code 4600). These sections set the statewide baseline for fairness and transparency.
Can I review ballots or election materials?
Yes. Civil Code 5125 gives members and their authorized representatives, such as attorneys, the right to inspect election materials while preserving ballot secrecy.
Can HOAs use electronic voting instead of paper ballots?
Yes. Civil Code 5110(c) authorizes the use of electronic voting systems if they meet security standards ensuring voter identity verification, ballot secrecy, acknowledgment of receipt, and auditable retention. HOAs choosing electronic voting must still use independent inspectors and comply with all other Davis-Stirling procedural safeguards.
What happens if the board breaks the election rules?
Under Civil Code 5145, you can bring an action for declaratory or equitable relief, civil penalties (of up to $500 per incident), or both. Violations can include failure to follow notice timelines, failure to appoint independent inspectors, or refusal to provide access to ballots.
Can small claims court handle HOA election violations?
Yes. Civil Code 5145(c) expressly allows such claims in small claims court. Although not normally among the powers granted to small claims judges, in certain HOA-related cases, the small claims court may grant equitable relief where the statute authorizes it. That said, complex disputes, such as those requiring oversight of new elections, are better suited for superior court under Corporations Code 7616. Small claims court is better for addressing discrete violations, but may not be the best forum for supervising follow-up actions or ordering full election do-overs.
When should I use small claims versus superior court?
Use small claims if the violation is limited and straightforward—for example, failure to meet a 30-day mailing deadline or to provide equal media access. Use superior court under Corporations Code 7616 when you need full election validation, a new election order, or court supervision of compliance.
What is the Corporations Code 7616 process?
It allows members to petition the superior court to determine the validity of any election or appointment of directors. The court may void results, order a new election, or appoint a neutral inspector to conduct one. This process is the better path when irregularities are widespread or when the entire election outcome is contested.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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