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California HOA and condo electronic voting law
Can a homeowners or condominium association in California hold its vote online? Here is what state law says and what it means for your board.
Yes. State law expressly allows electronic voting
Main law: Civ. Code 5100 to 5145 (AB 2159, effective Jan 1, 2025).
Reviewed September 16, 2026. A summary of state law, not legal advice. Confirm with your association's attorney before a binding vote.
The rules at a glance
| Legal status | Allowed by statute |
|---|---|
| Main statute | Civ. Code 5100 to 5145 (AB 2159, effective Jan 1, 2025) |
| How electronic voting gets authorized | Board adopts an election operating rule, overriding documents. Not allowed for assessment votes |
| Secret ballot and counting | Required for director elections and removals, amendments, required assessments, exclusive use grants. 1 or 3 independent inspectors with no other paid contract with the association (5110(b)), public count |
| Paper ballot option | Paper for owners who opt out or lack email (switch allowed until 90 days before) |
| Ballot retention | Inspector holds materials through 1-year challenge window |
A state statute speaks to electronic voting for community associations. Read how it gets authorized below: some statutes let the board decide, some require each owner to consent, and some let governing documents opt out.
Which California rules apply to your association
| Your community | Law that governs the vote | What VoteStead requires |
|---|---|---|
| Common interest development, HOA or condominium | Davis-Stirling Common Interest Development Act Civ. Code 4000 to 6150, elections at Civ. Code 5100 to 5145 | Runs under the California rule pack |
| Any California association voting electronically | AB 2159, in force since January 1, 2025 Civ. Code 5105 | The board adopts an election operating rule allowing electronic secret ballots |
| A vote to approve a regular or special assessment increase | Civ. Code 5100 to 5145 | Electronic voting is off. VoteStead blocks the vote type and the board runs that vote on paper |
| Cooperative or other membership organization | Nonprofit Mutual Benefit Corporation Law Corp. Code 7510 to 7615 | An attorney sign-off letter before a binding vote opens |
AB 2159 made electronic secret ballots available to every California association whose board adopts the operating rule, even when the governing documents say nothing about online voting. It did not change who may vote, what the quorum is or how ballots are counted at the meeting.
What California law requires, and what VoteStead does
An election operating rule Civ. Code 5105
The board adopts rules that allow voting by electronic secret ballot. The rules go through the usual 28-day member notice for operating rule changes.
VoteStead asks the board to confirm the rule and its adoption date on the launch checklist. Voting cannot open until that box is checked.
Assessment votes stay on paper
A vote to approve an increase in regular or special assessments may not use an electronic secret ballot.
VoteStead turns the assessment vote type off for California associations. The New election form shows it disabled with the statute note, so nobody creates that election by mistake.
An independent inspector of elections Civ. Code 5110(b)
One or three inspectors run the election. An inspector cannot be a director, a candidate, a relative of one, or a person under contract to the association for anything else. Ballots are counted in public at a properly noticed meeting, and no one sees tallies before that.
VoteStead never serves as your inspector in California, because it is under contract for the election itself. The board names the inspector, who holds one of the three key shares. Ballots stay sealed until 2 shares are entered at the counting meeting, so an early tally is not possible.
Notice before ballots go out Civ. Code 5115
General notice of the election, and individual instructions for voting by electronic secret ballot, go out at least 30 days before ballots.
VoteStead puts the 30-day notice on the launch checklist, and every email, text and printed notice it sends is dated in the audit log, so the board has the record if the election is challenged.
Owners choose paper or electronic Civ. Code 5105
An owner may switch between an electronic secret ballot and a written ballot up to 90 days before the election, in writing.
VoteStead marks those owners as paper voters on the roster, leaves them out of email and text invitations, and prints their mailed notice with the rest.
Election materials are kept Civ. Code 5125
The inspector holds ballots and election materials as association records through the one-year window for challenging the election.
VoteStead keeps sealed ballots and the audit log for 1 year after voting closes, then deletes the ballots and voting credentials unless the association places a hold.
Before your first online vote in California
- Adopt the election operating rule allowing electronic secret ballots, with the 28-day member notice
- Name the inspector or inspectors of elections, and confirm none of them is under another contract with the association
- Tell owners how to switch between paper and electronic ballots, more than 90 days out
- Send the general notice and the individual voting instructions 30 days before ballots
- Keep assessment increase votes on paper
Running a California vote with VoteStead
Available now, with attorney sign-off
VoteStead runs California elections with a California rule pack. Before a binding vote, the board confirms the state's required steps in the admin console. Until VoteStead's review of California law is complete, a binding vote also needs a sign-off letter from your association's attorney. Test elections run without it.
Features California law turns off or changes
- Homeowner associations: Assessment votes run on paper. California does not allow electronic voting for assessment votes (Civ. Code 5100 to 5145, AB 2159). Run this vote on paper.
What every VoteStead election includes
- Ballots sealed on the owner's device and stored with no name attached
- A 2-of-3 key split, so nobody opens ballots before voting closes
- Email and text invitations, plus mailed notices with access codes
- Quorum tracking and automatic reminders to owners who have not voted
- A tracker code so each owner confirms their ballot counted
California questions
Can an HOA or condo association in California vote online?
Yes. State law expressly allows electronic voting. How it gets authorized: Board adopts an election operating rule, overriding documents. Not allowed for assessment votes. Main law: Civ. Code 5100 to 5145 (AB 2159, effective Jan 1, 2025). Reviewed September 16, 2026. This is a summary, not legal advice.
What are the California secret ballot and vote counting rules?
California rule on secrecy and counting: Required for director elections and removals, amendments, required assessments, exclusive use grants. 1 or 3 independent inspectors with no other paid contract with the association (5110(b)), public count. VoteStead seals every ballot on the owner's device and stores it with no name attached.
Do owners in California keep a paper ballot option?
California rule: Paper for owners who opt out or lack email (switch allowed until 90 days before). VoteStead supports mailed voting notices with access codes for owners who get their mail on paper.
How long must a California association keep ballots?
California retention rule: Inspector holds materials through 1-year challenge window. VoteStead keeps sealed ballots for 1 year after voting closes by default, and a legal hold keeps them longer.
Is VoteStead available for California associations?
Yes. VoteStead runs California elections with a California rule pack. Features the state does not allow are turned off. Until VoteStead's review of California law is complete, a binding vote needs a sign-off letter from the association's attorney. Test elections run without it.