After decades of relying on traditional paper ballots, HOAs in California are now allowed to vote electronically. HOA electronic voting has many benefits for the association. However, when transitioning to it, your association needs to make several legal and logistical considerations.
What is Electronic Voting?
Thanks to technology, organizing a vote has become easier. Electronic voting allows HOA members to cast their votes via digital platforms rather than paper ballots. It simplifies the voting process and makes it more convenient by allowing residents and board members to cast their votes using modern electronic devices.
Benefits of Electronic Voting
While traditional paper ballots and secret ballots are trusted by many, there are also a lot of benefits to enjoy when you switch to an HOA online voting system. Here are some of them.
1. Quorum Is Easier to Reach
Before being able to have a meeting, and consequently an official voting process, the HOA needs to have a proper quorum. In simple terms, a quorum is the minimum number of people present needed for the meeting, votes, or decisions to be considered official.
Many residents in HOAs lead very busy lives. Not everyone can freely attend meetings only to vote. This makes it difficult for HOAs to reach a quorum. However, if you’re using HOA electronic voting, residents can cast their vote even if they couldn’t physically attend the gathering.
2. Convenience
Using a homeowners’ association online voting system brings convenience to everyone involved. Given the same principle that lets HOAs reach quorums more easily, electronic voting can be done anywhere, as long as a resident has a phone or computer and internet access. It lets the homeowner cast their vote without attending the in-person meeting.
3. More Accurate Tallying
HOA electronic voting systems are usually created with an accurate counting feature. It usually has safeguards that prevent any duplicate votes from being counted. Also, votes are tallied using a reliable algorithm, which eliminates the risk of human errors. It improves the accuracy of how votes are counted and tallied almost immediately after voting closes.
4. Better Security
Along with an accurate tallying system, eVoting systems are also made to be secure, especially compared to traditional ballots. They usually have votes encrypted. They also have safeguards to keep your votes private, as well as protections from any form of tampering.
5. Cost Efficiency
Switching to electronic voting can help save your HOA some money. When producing voting materials traditionally, you will need to print, store, and send out paper ballots. These all come with additional costs. Meanwhile, you don’t need to do all those steps and incur those expenses for electronic voting. It also saves you money and makes logistics much easier.
HOA Electronic Voting in California
For a long time, HOAs in California had to hold votes by secret ballot. This means they can only move forward with voting using paper ballots.
Fortunately, this all changed starting in 2025 when AB 2159 took effect. With the new legislation, homeowners’ associations can now use online voting for the following:
- HOA Board Elections
- Amendments to HOA Governing Documents
- Recall Votes
- Allowing the Exclusive Use of Common Areas
However, there’s an exemption to this rule. According to Civil Code §5105(i), HOAs are still required to use paper ballots for regular, special, and emergency assessments. Basically, if it involves homeowners’ money, the traditional voting process is still required.
Additionally, the HOA should provide members with the choice to opt in or out of eVoting.
Implementing eVoting in the HOA
Transitioning to HOA electronic voting would require some steps. Here’s what you need to keep in mind:
Amending HOA Voting Policies
If your HOA wants to adopt eVoting as part of your system, you should start by amending your association’s election policy. It should be changed to include HOA electronic voting as a means of voting. However, do remember to at least allow members to choose whether to join it.
Providing Member’s Choice
Part of AB2159’s stipulations is that HOA members should be able to choose how they want to vote. The HOA board can’t impose its preferred methods on HOA members. Therefore, when transitioning election methods, ensure members can still opt in or out of HOA electronic voting.
What if a resident doesn’t explicitly request to opt into electronic voting? People who fail to respond to any opt-in request notice will receive paper ballots, as it should be the default choice.
According to the legislation, members can change their choices 90 days before an upcoming vote or election. So, even if they opted to use eVotes a year ago, they can still change their minds as long as it’s at least 90 days before the vote.
Rule on Floor Nominations
When you implement HOA electronic voting, you will also have to prohibit floor nominations. This rule mostly applies during the annual meeting, when the HOA is choosing board members.
According to state law, all candidates for board positions must be identified before the HOA sends out ballots. Residents who would vote online or digitally need to have all the information they need about the candidates before casting their votes. Allowing spontaneous nominations would make this impossible.
Independent Election Inspectors
If HOA electronic votes are used for an election, the HOA must work with independent election inspectors. These people need to oversee the actual process of casting ballots. This means they need to confirm the voting member’s identity and ensure the integrity and secrecy of ballots.
Inspectors also need to provide a process for residents to confirm whether their computers and mobile devices are compatible with the voting system.
Choosing an HOA Electronic Voting System
When selecting a platform or system for electronic voting, HOAs should look for specific features. They need a system that can confirm and authenticate resident identity. The system must also have protections in place to ensure no ballots are tampered with or altered. It should also include transparency and security features, such as voter receipt issuance and proper storage.
Getting in With the Times
Modern technological conveniences have made many processes much easier over the years. HOA electronic voting systems are one such convenience. If used properly and in accordance with the law, it can make decision-making easier and voting more secure.
Optimum provides expert management services to community associations in Southern California. Call us today at (714) 508-907 or contact us online to learn more!
