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Electronic Balloting
Our electronic balloting platform is designed to provide a seamless voting experience, allowing members to cast their ballots anytime, anywhere, using the device they already know and trust. With robust security measures, an intuitive interface, and support across desktop and mobile devices, the platform ensures every vote is confidential, accurate, and easy to submit. Below are two short demonstrations that showcase the voting experience on both the web and mobile platforms, giving you a quick look at how members can participate securely and conveniently from start to finish.
Our Services
Hybrid/Electronic Voting
Our Hybrid Voting service combines traditional paper balloting with secure electronic voting, giving members the flexibility to vote using their preferred method. This inclusive approach helps maximize participation while maintaining a single, accurate election process. We coordinate paper ballots, online voting, voter records, vote tabulation, and certification to ensure every eligible vote is counted securely and in compliance with applicable election requirements.
Standard Elections
Our Standard Election service provides comprehensive end-to-end election management, ensuring a smooth, secure, and compliant voting process. From ballot preparation and distribution to member communications and final certification, we handle every stage with accuracy and professionalism. Our team manages ballots, mailings, meeting support, vote tabulation, and official certification, allowing your organization to conduct elections efficiently while maintaining transparency and integrity.
Election by Acclamation
Our Acclamation Process service manages qualifying elections under California's acclamation provisions, providing a streamlined alternative when the number of qualified candidates does not exceed the number of available seats. We handle the entire process, including eligibility verification, required notices, documentation, and compliance with applicable California election laws, ensuring your organization completes the acclamation process accurately, efficiently, and with confidence.
Special Assessments
Our Special Assessment Voting service helps associations manage member votes required for special assessments in compliance with California Civil Code requirements. We handle the complete election process, including ballot preparation, member notices, voting administration, vote tabulation, and certification. Our team ensures a secure, transparent process that allows members to participate confidently while helping boards meet all required procedures.
Governing Document Amendments
Our Governing Document Amendment Voting service provides professional election management for community votes involving CC&R changes, bylaws, rules, and other governing document updates. We coordinate notices, ballots, voting procedures, tabulation, and certification to ensure the process is conducted accurately, fairly, and in compliance with applicable requirements.
Recall Elections
Our Recall Election service supports associations conducting member recall votes with a structured, impartial, and compliant process. We manage all aspects of the election, including ballot preparation, voter eligibility, distribution, vote counting, and certification of results. Our experienced team helps ensure the recall process is handled efficiently, transparently, and according to California requirements.
Why HOA Election Experts LLC?
Every election is conducted in compliance with California Civil Code, including AB 2159, and your community's governing election rules.
Encrypted ballots, tamper-evident records, and transparent, verifiable election results.
Simple, secure voting from any phone, tablet, or computer—no app downloads required.
From nominations and ballot preparation to vote tabulation and certified results, we manage the entire election process.
Clear updates, timely notifications, and responsive support keep boards, managers, and homeowners informed throughout the election process.
Flexible paper, electronic, and hybrid voting options make it easier for members to participate, helping improve voter turnout.
Our certified inspectors of elections bring extensive HOA election expertise, ensuring every election is conducted accurately, impartially, and professionally.
Elections You Can Trust
We combine certified Inspector of Elections expertise with secure, modern technology to deliver accurate, transparent, and fully compliant HOA elections. From nominations and voting to tabulation and certification, we provide a seamless election experience that gives boards, management companies, and homeowners confidence every step of the way.
HOA Election Updates & Insights
Stay current on California HOA election laws, regulatory changes, and proven best practices to help ensure compliant and successful elections.
New Assembly Bill No. 2159
Learn what has changed, how electronic voting works, and what your association should consider when planning its next election.
CA Election Process
Learn the eligibility requirements, required procedures, and key timelines involved in completing an acclamation election successfully and in compliance with California HOA election requirements.
Privacy Policy
Learn how we collect, protect, and use member information by reviewing our full Privacy Policy.
Frequently Asked Questions
Frequently Asked Questions
Yes. California law permits electronic secret balloting for HOA elections when conducted according to required election procedures and governing rules. We help ensure your election process meets current compliance requirements while providing members with a secure and convenient voting experience.
Electronic voting uses secure systems designed to protect ballot confidentiality, voter eligibility, and election integrity. Our process includes secure voter authentication, encrypted ballot transmission, and auditable election records to help ensure every vote is counted accurately and confidentially.
Yes. Our hybrid voting option allows members to choose their preferred voting method, including secure electronic voting or traditional paper ballots. We coordinate both methods within one streamlined election process to maximize participation while maintaining accuracy and compliance.
Real Testimonials
What boards and managers say about working with us.
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CA Election Process
Whether your community requires a traditional election or an alternative process, we provide the expertise and support needed to conduct a secure, compliant, and successful election.
Before Annual Meeting
- Adopt / review election rules
- Send pre-ballot & nomination notices
- Build candidate list
- Prepare ballots & voter list
- Mail or send electronic ballots
During Meeting
- Verify quorum
- Collect & secure ballots
- Independent inspector oversight
- Open voting / closing time enforced
- Maintain neutrality & transparency
After Meeting
- Tabulate & verify results
- Certify the election
- Announce results to members
- Retain records per statute
- Provide final reporting to the board
Before Annual Meeting:
1. Review of the Associations Election Rules, Bylaws and CC&Rs.
2. Assign an inspector of election to over see the election process.
3. Prepare an election action calendar, detailing deadlines specific to the process.
4. Prepare and distribute the “1st General Notice” - Candidate Solicitation - 90 days before the annual meeting.
5. Prepare and distribute the “2nd General Notice” - List of Candidates & Meeting Details - 60 days before the annual meeting.
6. Prepare and distribute the election material and voting ballot - 30 days before the annual meeting.
7. Receive all secret ballots by mail, or during the registration period prior to the Annual Meeting.
8. Prepare and distribute an Election Reminder Mailer - 15 days before the annual meeting (Highly recommended to help achieve quorum).
During Meeting:
1. Provide election inspector(s).
2. Attend the Annual Meeting, confirm if quorum has been met and if so, tabulate the votes. (If quorum is not achieved on the first attempt, we will attend the adjourned meetings thereafter.)
3. Verbally report the election results to those in attendance.
4. Provide an “Election Certification” to the Manager or Board Representative within 48 hours.
After Meeting:
1. Prepare and distribute the “Election Results” to the membership - within 15 days after the annual meeting.
2. Secure and store election ballots for one (1) year.
3. Deliver the election material back to the Association, in accordance with Civil Code.
4. Keep the association and the management company up-to-date with HOA new laws.
Civil Code Section § 5103 Election by Acclamation
Below is a quick reference guide to highlight some of the more important changes to the Election Laws that govern Homeowners Associations:
As of January 1, 2022, all associations, regardless of their size, can now forego sending out ballots in an election for the board of directors if the election is uncontested, i.e., the number of nominees does not exceed the number of open seats on the board. This process is referred to as “election by acclamation.” Assembly Bill 502 amends Civil Code section 5100 and adds Civil Code section 5103 to the Davis-Stirling Act providing a procedure that associations may follow to declare an election by acclamation if an election is uncontested.
Election Rules and other Governing Documents
An association can utilize the election by acclamation procedures set forth in Civil Code section 5103 even if the association’s CC&Rs, Bylaws and Election Rules are in conflict with an election by acclamation or are silent on the issue. Associations are not required to amend their governing documents to use the election by acclamation procedure in Civil Code section 5103, but it is recommended so that the board correctly follows the procedures and members are educated about the new procedure.
Statutory Procedure
Below is a summary of the new procedures associations must follow to conduct a valid election by acclamation when an election is uncontested:
90-day Initial Notice: At least 90 days before the deadline for submitting nominations, members must be provided by Individual Notice (not General Notice) a notice that contains the information set forth in Civil Code section 5103(b)(1) which includes: (1) the number of open board positions to be filled at the election; (2) the deadline for submitting nominations; (3) the procedure for submitting nominations including the manner in which nominations can be submitted; (4) the statement set forth in Civil Code section 5103(b)(1)(D) informing members of the possibility of an election by acclamation. NOTE: Senate Bill 392 amends the way associations deliver documents to members when Individual Notice is required.
Reminder Notice: Between 7 and 30 days before the deadline for submitting nominations, members must be provided by Individual Notice (not General Notice) a notice that contains the information set forth in Civil Code section 5103(b)(2) which includes: (1) the same information in the 90-day Initial Notice; and (2) a list of names of all the qualified candidates to fill the board positions as of the date of the reminder notice. If at the time the reminder notice is sent the number of candidates exceeds the number of open seats, such that the election is contested, there is no need to include the statement in Civil Code section 5103(b)(1)(D) informing members of the possibility of election by acclamation.
Response to Nomination:
Within seven business days of receiving a nomination, the Association must acknowledge receipt of the nomination in writing or by email. Also, within seven business days of receiving a nomination, the Association must advise the nominee in writing or email whether the nominee is a qualified candidate. If a nominee is disqualified, the response must state the basis for the disqualification and the Internal Dispute Resolution procedure by which the nominee may appeal the disqualification.
Determination by Inspector of Elections:
As of the deadline for submitting nominations, the Association’s Inspector of Elections (“IOE”) must determine that the number of qualified candidates is not more than the number of vacancies on the board. (Civil Code section 5103.) This is yet another task for the IOE to add to the scope of their duties. (See, Civil Code sections 5105(a)(7), 5105(g)(4), 5110, 5120 and 5125 for IOE duties). The statute does not specify what information the IOE must receive in order to make their determination. For example, it is unclear if board minutes reflecting the number of qualified nominees received by the association’s manager or board is sufficient, or if the IOE must be included as an original recipient of the nominations.
Board Meeting to Declare Election by Acclamation:
At a duly noticed open board meeting, the board votes to consider the qualified candidates elected by acclamation. This vote must be included as an item on the agenda and must name each qualified candidate that will be seated by acclamation if the item is approved by the board during the meeting.
Three-year Limitation:
An election by acclamation is allowed if the association has held a regular election in the previous three years. The three-year time period is calculated from the date ballots were due in the last full election to the start of voting for the proposed election.
Again, this is a partial list of Assembly Bill 502 amending Civil Code section 5100 and adds Civil Code section 5103 to the Davis-Stirling Act changes. Be sure that you protect your Association from the potential of costly penalties for failure to properly adhere to these new changes.
Contact HOA Election Experts LLC to handle the elections services for your community!
Please click on "CONTACT US" to request a quote. Also, you can call or email us for any questions or concerns!
Source of article: https://caiclac.com/election-by-acclamation-is-now-allowed-for-uncontested-elections-ab-502/
Electronic Voting
Learn how secure electronic voting works, including legal requirements, testing procedures, voting options, and best practices for a successful HOA election.
Electronic Voting - New Assembly Bill No. 2159
Amended Sections 5105, 5110, 5115, 5120, 5125, 5200, 5260 of the Civil Code, relating to common interest developments
The Association Election Rules must be updated to adhere to the new law requirements.
For Electronic Balloting Demo - Click Here!
- Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments.
- Existing law requires common interest developments to be managed by an association.
- Existing law requires elections regarding specified matters concerning the governance of common interest developments to be held by secret ballot in accordance with certain procedures.
- Existing law requires an association to adopt certain operating rules that govern elections.
- Existing law requires an association to select an independent third party as the inspector or inspectors of elections.
- This bill would authorize an association to adopt an election operating rule that allows an association to utilize an inspector or inspectors of elections, as specified, to conduct an election by electronic secret ballot, as defined, except as specified, and notwithstanding the association’s governing documents.
- This bill would require the rule to permit a member to change their preferred method of voting, as specified, no later than 90 days before an election, among other things.
- The bill would require the association to deliver individual notice to each member that includes certain information about voting by electronic secret ballot, as specified.
- This bill would specify that an electronic secret ballot is effective when transmitted, as specified, and irrevocable.
- This bill would require the inspector or inspectors of elections that conduct an election by electronic secret ballot to ensure, among other things, that the electronic secret ballots provide a method to authenticate the member’s identity to the internet-based voting system and a method for the member to confirm that their electronic device can successfully communicate with the internet-based voting system at least 30 days before the voting deadline.
- This bill would require the internet-based voting system to have the ability to, among other things, authenticate the member’s identity and the validity of each electronic secret ballot, and to transmit a receipt to a member that casts an electronic secret ballot.
- Existing law, for elections of directors and for recall elections, requires an association to provide general notice of specified information at least 30 days before the ballots are distributed.
- Existing law requires the notice to include, among other things, the date and time by which ballots are to be returned by mail or handed to the inspector or inspectors of elections, the date, time, and location of the meeting at which a quorum will be determined, and a list of all candidates’ names that will appear on the ballot.
- This bill, for an association that allows for voting in an election by electronic secret ballot, as described above, would require the notice to provide the date and time by which electronic secret ballots are to be transmitted to the internet-based voting system and preliminary instructions on how to vote by electronic secret ballot.
- Existing law requires an association to mail ballots and 2 preaddressed envelopes with instructions on how to return ballots by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting.
- This bill, for an association that conducts an election by electronic secret ballot, as described above, would make this requirement to mail ballots and envelopes apply only to the members who will vote by written secret ballot, as specified.
- Existing law authorizes an association to conduct an election entirely by mail, except for the meeting to count the votes or unless otherwise specified in the governing documents.
- This bill would, instead, authorize the association to conduct an election entirely by mail, electronic secret ballot, or a combination of mail and electronic secret ballot, pursuant to the above-described provisions, notwithstanding any contrary provision in the governing documents, except for the meeting to count the votes.
- Existing law requires, in an election to approve an amendment to the governing documents, that an association deliver the text of the proposed amendment to the members with the ballot.
- This bill would, if an association conducts an election to approve an amendment of governing documents by electronic secret ballot, authorize the association to deliver by electronic means the text of the proposed amendment to those members who vote by electronic secret ballot, and would require the association to deliver a written copy of the text of the proposed amendment to those members upon request and without charge, as specified.
- Existing law requires that an inspector or inspectors of elections, or the designee of an inspector or inspectors of elections, count and tabulate all votes at a properly noticed open meeting of the board or members.
- Existing law prohibits anyone from opening or otherwise reviewing any ballot before the time and place at which the ballots are counted and tabulated.
- This bill would additionally prohibit anyone from opening or otherwise reviewing any tally sheet of votes cast by electronic secret ballot before the time and place at which the ballots are counted and tabulated.
- Existing law requires that the sealed ballots, among other things, remain in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors of elections until after the tabulation of the vote, and until the time allowed for challenging the election has expired, when custody is required to be transferred to the association.
- Existing law requires the inspector or inspectors of elections to make the ballots available for inspection and review by an association member or the member’s authorized representative, upon written request, if there is a recount or other challenge to the election process.
- This bill would additionally require the tally sheet of votes cast by electronic secret ballot to remain in the custody of the inspector or inspectors of elections.
- This bill would additionally require the inspector or inspectors of elections to make the tally sheet of votes cast by electronic secret ballot available for inspection or review by an association member or the member’s representative.
- Existing law requires an association to make association records available to members for copying and inspection, as specified. Existing law defines “association records” to include association election materials and also defines “association election materials” to include, among other things, returned ballots.
- This bill would expand the definition of association election materials to include the tally sheet of votes cast by electronic secret ballot.
- Existing law requires certain requests be delivered in writing to the association, as specified, to be effective.
- This bill would additionally require a request to opt out of or opt into electronically voting by electronic secret ballot to be delivered in writing to the association to be effective.
This is a LEGISLATIVE COUNSEL'S DIGEST of Assembly Bill 2159 amending Civil Code sections 5105, 5110, 5115, 5120, 5125, 5200, 5260 of the Davis-Stirling Act. Protect your Association from the potential of costly penalties for failure to properly adhere to these new changes.
Contact HOA Election Experts LLC to handle the elections services for your community!
Please click on "CONTACT US" to request a quote. Also, you can call or email us with any questions!
Source of article: https://legiscan.com/CA/text/AB2159/2023
Sample Election Rules - New Assembly Bill No 2159
(Voting Procedures-All Elections Except Elections on Regular or Special Assessments)
1. Associations must choose one of the following two methods for the election process:
A) The preferred method of voting in all elections except elections regarding regular or special assessments shall be by electronic secret ballot. An electronic secret ballot means a ballot conducted by an electronic voting system that ensures the secrecy and integrity of a ballot pursuant to the Civil Code.
OR
B) The preferred method of voting in all elections shall be by paper secret ballot. A paper secret ballot means a ballot conducted by first class mail voting system that ensures the secrecy and integrity of a ballot pursuant to the Civil Code.
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. Once a member requests an electronic secret ballot, that Member shall continue to receive one in subsequent elections unless that Member chooses to opt out of receiving an electronic secret ballot.
3. If the Association does not have a Member's valid email address, the Association shall send the Member a paper secret ballot.
4. 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.
5. At least 30 days prior to the deadline to opt out of voting electronically, the Association shall provide individual notice to all members of all the following:
- The Member's current voting method.
- If the Member's current voting method is by electronic secret ballot and the Association has an email address for the Member, the email address of the Member will be used for voting by electronic secret ballot.
- An explanation that the Member is required to opt out of voting by electronic secret ballot if the Member elects to vote by paper secret ballot.
- An explanation of how a member may opt out of voting by electronic secret ballot.
- The deadline by which the Member is required to opt out of voting by electronic secret ballot if the Member elects to exercise that right.
6. An electronic secret ballot and a paper secret ballot shall contain the same list of items to be voted on.
7. The Association shall maintain a voting list identifying which members will vote by electronic secret ballot and which members will vote by paper secret ballot.
8. The procedures for opting out of voting by electronic secret ballot shall be contained in the Annual Policy Statement required by Civil Code Section 5310 or its successor statute.
9.The secret electronic ballot shall be contained in an individual notice to each Member who will be voting by secret electronic ballot. The notice shall be sent at least 30 days before the election and shall contain instructions on each of the following:
- How to obtain access to the internet-based voting system.
- How to vote by electronic secret ballot.
10. A vote made by electronic secret ballot is effective when it is electronically transmitted to the address, location, or system designated by the election inspector and it may not be revoked.
11. No person, including a member or employee of the Association, or an employee of the management company shall open or otherwise review any tally sheet of votes cast by electronic secret ballot before the time and place at which the ballots are to be tabulated and counted.
12. For purposes of determining a quorum, a member voting electronically shall be counted as a Member in attendance at the meeting at which ballots are to be counted. Once a quorum is established, a vote of the Members shall not be taken on any issue other than the issues specifically identified in the electronic vote.
13. With the electronic balloting method, candidates will not be nominated from the floor at the annual meeting.
This is a LEGISLATIVE COUNSEL'S DIGEST of Assembly Bill 2159 amending Civil Code sections 5105, 5110, 5115, 5120, 5125, 5200, 5260 of the Davis-Stirling Act. Protect your Association from the potential of costly penalties for failure to properly adhere to these new changes.
Contact HOA Election Experts LLC to handle the elections services for your community!
Please click on "CONTACT US" to request a quote. Also, you can call or email us with any questions!
Source of article: https://legiscan.com/CA/text/AB2159/2023
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