Annual Election
The information provided on this website is for informational purposes only and does not constitute legal advice.
Overview
The annual election process is a key aspect of community governance, allowing unit owners to choose their Board of Directors in a transparent and compliant manner. This overview outlines the standard procedures and timelines required under the California Davis-Stirling Act, including important steps such as nomination, notice, balloting, and tabulation.
Associations may conduct elections using paper ballots or, if permitted by their election rules and properly noticed, through hybrid or electronic voting. Timely communication, proper recordkeeping, and adherence to statutory deadlines are essential to ensure a valid and fair election.
Annual Election Step by Step:
Initial Requirements
Most associations are required to hold an annual election, depending on their governing documents.
Elections may be conducted by paper ballot or hybrid/electronic voting, if allowed by the association's election rules and annual disclosure.
If the association has held a valid election in the past 3 years, it may qualify for election by acclamation.
Notes:
The election process must begin at least 90 days before the scheduled election, or at least 120 days in advance if the association is using electronic voting.
Hybrid/Electronic Voting Requirement (Electronic Consent Notice)
If an association wishes to have hybrid or electronic voting, a notice must be sent to each member at least 30 days before the deadline to opt in or opt out (which is 90 days before the scheduled election). The notice should state the member’s current voting method, include the email address that will be used for electronic voting if the association has one, and explain that members may choose to opt in or opt out of electronic secret ballot voting. It must also provide clear instructions on how to make that choice and include the deadline by which the member must act.
Includes:
1. A statement showing how the member is currently set to vote.
2. If the member is set to vote electronically and the association has their email address, the notice must list the email that will be used for electronic voting.
3. A note that if the member prefers to vote by written ballot instead, they must take action to opt out of electronic voting.
4. Clear steps explaining how the member can opt out of electronic voting.
5. The exact deadline by which the member must submit their opt-out request if they want to vote by mail.
How Is It Sent:
Condo Elects streamlines electronic voting by first collecting voter data from the association. It then sends electronic consent notices via email to those who have permitted individual notice or previously consented and by mail to others. Homeowners have 30 days to update their status—mail recipients enter their unit identifier, email, and preference on Condo Elects' website, while email recipients can confirm with one click. After the deadline, Condo Elects verifies all emails of those who consented and generates the final voter list. The system then automates documents, mailers, and emails, reducing election time at no extra cost to the association while ensuring compliance and record-keeping.
Mailing Methods:
Sent by email or postal mail, depending on the member’s selected preference.
Due:
At least 120 days before the scheduled election (Condo Elects recommends 126 days before)
Further Reading Electronic Consent Notice:
Nomination Forms
This form allows a member to nominate themselves for the Board of Directors and submit a candidate statement, provided they meet the association’s election requirements. It must be returned within 30 days of mailing. To ensure proper processing, Condo Elects requires the deadline to fall at least 64 days before the election. While regulations require the form to be sent at least 90 days before the election, Condo Elects recommends sending it 94 days in advance.
Notes:
The nomination form must be completed by the homeowner within 30 days of being emailed or mailed. Condo Elects recommends sending it out at least 94 days before the election, with a submission deadline of at least 64 days before the election at 5:00 PM California time.
Mailing Methods:
Sent by email or postal mail, depending on the member’s selected preference.
Further Reading Nomination Form:
Pre-Ballot Notifications
A pre-ballot notification should be sent at least 60 days before the election (at least 62 per Condo Elects) and include the candidate list, election date and time, and location or Zoom details. If applicable, it should note that a reduced quorum of 20% applies if the initial quorum isn’t met. If mailed, it must include ballot submission instructions; if emailed, it should provide electronic voting details and a method for unit owners’ devices to connect to the voting system. Condo Elects provides this email with a single-factor authentication button for unit owners to verify system access but cannot guarantee the same for other providers of this service.
Notes:
The pre-ballot notification form should be sent out at least 62 days before the scheduled election.
Mailing Methods:
Sent by email or postal mail, depending on the member’s selected preference.
Further Reading Pre-Ballot Notification:
Ballots
This document is a secret ballot that allows a unit owner to vote in an election. It includes key details such as the meeting date, time, quorum requirements, and voting instructions. Ballots may be mailed or submitted electronically, and can also be counted electronically. To maintain confidentiality for mailed ballots, voters seal the completed ballot in an inner envelope, then place it in a pre-addressed outer envelope, which must be signed and include their name. Only the first ballot received is counted. Condo Elects distributes ballots at least 32 days before the election, and they must be received by the poll closing deadline unless the meeting is adjourned.
Notes:
The ballot should be sent out at least 30 days (Condo Elects recommends 32 days) before the scheduled election.
Mailing Methods:
Sent by email or postal mail, depending on the member’s selected preference.
Further Reading Ballot:
Results
Once quorum is reached on the date of the election and the meeting begins, votes are decrypted. Write-in candidate votes are standardized, as spelling variations must be verified by the inspector of elections. Paper ballots are opened and tallied, and the results are announced. The association receives a certificate and an anonymized tally sheet, distinguishing between electronic and paper ballot votes. All election data is transferred to the association, while the inspector of elections retains the file for one year. With Condo Elects, the association may review all inspector of elections required electronic data free of charge. With this, the election is officially concluded.
Notes:
The tally sheet, along with the report of who voted and the certificate, should be transferred to the association. The association must have access to this information, which must accurately reflect the data in the inspector of election's software.
Further Reading Results:
The links above are provided for reference and further reading. Condo Elects is not affiliated with, does not endorse, and does not maintain a business relationship with these sources. These are publicly available resources, and their content is subject to change. For legal advice tailored to your specific situation, please consult an attorney.