SAMPLE ELECTRONIC VOTING RULES FOR CALIFORNIA HOAS

As of January 1, 2025, California HOAs are allowed (but not required) to use electronic voting in most secret ballot elections (i.e. the election of directors, recall elections, and votes on governing documents, but not votes on regular or special assessments). The first step an association must take to use electronic voting is to amend its election rules to allow electronic voting.

The sample electronic voting rules provided below are generic rules that Pro Elections believes can work for most associations with minimal modification. An association should, of course, consult with its legal counsel regarding the specific needs of the association.

Rule changes, such as the adoption of electronic voting rules, can be approved by a vote of the board of directors after a 28-day notice and comment period to the membership. Please refer to Civil Code Section 4360 for details on how associations can amend their rules.

The sample rules below include material in bracketed italics. The material in brackets is not intended to necessarily be part of the rules, but is intended to aid the reader in understanding the reasoning behind specific provisions. All section references are to parts of the California Civil Code.

SAMPLE ELECTRONIC VOTING RULES

1. These Electronic Voting Rules are intended to implement the provisions of AB 2159 passed in 2024, which authorizes, but does not require, HOAs to use electronic voting. All of the provisions in these rules shall be interpreted in a manner that is consistent with AB 2159.
2. The association is authorized to use electronic voting. [5105(i)]
3. ALTERNATIVE 1: All members are deemed to have chosen to vote by electronic ballot unless they choose to vote by paper ballot and have notified the association in writing of their choice. A member’s choice of voting method shall be valid until the member changes their voting method by written notice to the association in accordance with procedures adopted by the association.

   ALTERNATIVE 2: All members are deemed to have chosen to vote by paper ballot unless they choose to vote by electronic ballot and have notified the association in writing of their choice. A member’s choice of voting method shall be valid until the member changes their voting method by written notice to the association in accordance with procedures adopted by the association.

   [The association must choose either Alternative 1 or Alternative 2, but not both. If the association wants to maximize the cost savings of electronic voting, it should choose Alternative 1.]
4. Electronic HOA voting shall not be used for any vote on regular or special assessments unless authorized by law. [5105(i)] Electronic voting may be used to elect members of the association’s board directors; to amend the association’s governing documents; for a recall of board directors; or for any other vote where the use of electronic ballots is not prohibited by law.
5. Any member of the association may change their preferred method of voting from paper ballot to electronic ballot, or from electronic ballot to paper ballot, at any time at least 90 days before an election. [5105(i)(1)(A)] Any member of the association may change their preferred method of voting by providing written notice to the person designated by the board of directors to receive such notice. [This person is usually the Board Secretary or the association manager. The specific person should not be named in the rule so that the Board can easily change the designation if necessary.]
6. The electronic ballot and the paper ballot shall contain the same list of items to be voted on. [5105(i)(1)(B)]
7. The association shall mail a paper ballot only to those members who have chosen to vote by paper ballot and to those members who did not provide a working email address to the association. The members who did not provide a working email address to the association shall be deemed to have chosen to vote by paper ballot and, accordingly, the association shall mail such members a paper ballot, notwithstanding the members’ choice to vote electronically. [5105(i)(1)(C)(i) and (ii)]
8. The association shall send an electronic ballot only to those members who have both chosen to vote by electronic ballot and who have provided the association with a working email address. [5105(i)(1)(C)(ii)]
9. All members who choose to vote by electronic ballot shall provide a working email address to the association. [5105(i)(1)(E)] If the association does not have a member’s working email address by the time ballots are to be distributed, the association shall send the member a paper ballot. [5105(i)(7)] It is the responsibility of each member to ensure that the association has their current, working email address.
10. The association shall designate a person to maintain a members’ list that identifies which members vote by paper ballot and which members vote by electronic ballot. [5105(i)(1)(D)]
11. The association shall include instructions in its Annual Policy Statement on how association members can change their preferred method of voting. [5105(i)(1)(D)]
12.  Nominations from the floor of membership meetings are prohibited. [5105(i)(1)(F)]
13. At least 30 days before the election, the association shall deliver an electronic ballot to those members who have chosen to vote by electronic ballot. [5105(i)(3)(A)] The electronic ballot shall include instructions on how to access the internet-based voting system and how to cast an electronic ballot. [5105(i)(3)(A)(i) and (ii)]
14. The association shall provide individual notice to each member at least 30 days before the deadline for members to change their preferred voting method. Such notice shall include all of the following: the member’s current voting method; the member’s email address if the member votes by electronic ballot; an explanation that the member must opt out of voting by electronic ballot if the member wants to vote by paper ballot; instructions on how to choose a voting method; and the deadline for changing voting method. [5105(i)(4)(A-E)]
15.  All electronic ballots are effective and irrevocable when transmitted to an address, location or system designated by an Inspector of Elections. [5105(i)(5-6)]
16.  A member voting using an electronic ballot shall be counted as a member in attendance at the membership meeting for purposes of quorum. [5105(i)(8)] Once a quorum is established, a substantive vote shall not be taken by the members on any issue other than the issues identified on the electronic ballot. [5105(i)(8)] [Note that this means that members who attend the meeting will not be able to hold a voice vote on, for example, IRS Revenue Ruling 70-604 or prior year annual meeting minutes. Those items will have to be on the ballot.]
17.  The inspector of elections selected by the association shall provide an internet-based voting system that complies with the requirements of Civil Code Section 5110(c). Votes cast by text or email will not be accepted. [5110(c)]
18. A person, including a member of the association or an employee of the management company, shall not open or otherwise review any electronic ballots submitted by members before the time and place at which the ballots are counted and tabulated. [5120(c)]
19.  The notice required by Civil Code Section 5115(b) shall include preliminary instructions on how to cast an electronic ballot once voting has started and the deadline for members to submit their electronic ballot. [5115(b)(2)]
20. All members who vote by electronic ballot agree to receive all election-related notices such as the Call for Candidates and the Pre-Ballot Notice by electronic means such as email.