Digital Balloting for HOAs is Now Available
As of Jan. 1, 2025, HOAs will have the option of allowing online voting for board elections. Our Team is prepared to your support your community's move toward allowing homeowners to submit board nominees and vote entirely online.
California Civil Code now permits online voting for many HOA elections
Passage of a new section 5116 to the California Civil Code means that with the start of 2025, HOAs will have the option to use electronic voting for electing or recalling directors, or for amending their governing documents. Under the new law, HOAs need to first amend their election rules to permit owners to opt in or opt out of participating in electronic voting. This can be a bit of a complex issue for HOAs, and we recommend calling us and/or conferring with your legal adviser as there are number of required steps.
Also note that online balloting CANNOT be used for certain types of elections, including, approving special assessments.
Digital Balloting FAQs
Will digital balloting make HOA elections easier?
Yes, and No. Digital balloting makes voting easier and more convenient for those homeowners who like to do things online. On the other hand, it does create additional burden for the association to maintain records for homeowner voting preferences, give homeowners the option to switch preferences within prescribed timelines and provide all that additional information to their Election Inspectors.
Will voting online speed the election process for HOAs?
No, the election timelines and state-required notification periods remain the same, whether volting online or via U.S. Mail.
Will it be cheaper?
Possibly, but probably not. Voting online may allow the association to avoid some of the cost of postage, paper and envelopes. But it also typically requires the Election Inspector to run two parallel elections - one online and one using paper ballots. The HOA Election Team has never charged HOAs separately for postage or materials, and we plan to keep it that way so there is no disincentive for homeowners to choose the method of voting that they prefer.
Can homeowners still choose to vote using paper and mailed ballots?
Yes. According to the new state rules, homeowners in communities that choose to adopt voting rules to allow digital balloting may still individually opt to continue voting by paper ballot. Homeowners can change their voting preference at least 90 days prior to a new election.
Can our HOA institute digital balloting now?
The digital balloting provision is not automatic and HOAs need to amend their voting rules first if they want to allow members to vote online. This process itself can take 3-4 months, so we recommend planning ahead.
What if we don't want digital balloting for our HOA?
Then don't adopt the option. We are working with a number of HOAs, particularly smaller ones, that are deciding not to complicate their elections by providing addition voting options or are taking a wait-and-see approach.
The HOA Election Team is exciting to be able to offer digital balloting to those HOAs that want it. But it's probably not ideal for every association. Call us if you would like to discuss the pros & cons for your homeowners' association.
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