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Embracing the Future: Electronic Voting for HOA Elections Starting January 1, 2025

Posted by Niki Tran | Oct 03, 2024

Beginning January 1, 2025, a significant change will reshape the way HOA elections are conducted in California. With the passage of AB 2159, homeowner associations (HOAs) will be able to conduct most elections electronically, offering a more efficient, convenient, and environmentally friendly process for electing directors and amending governing documents, for example. This modernization is expected to increase participation, improve voter turnout, reduce the administrative workload for associations, and of course, reduce the high costs related to traditional voting methods.

While this change signals a step into the digital age, it's essential for HOAs to understand both the opportunities and the obligations that come with electronic voting. Not all votes can be conducted electronically. Elections related to assessments must still follow the traditional method of paper secret ballots. For other eligible elections, HOAs can now adopt rules for electronic voting, giving homeowners the flexibility to participate without needing to submit paper ballots. However, this shift comes with certain responsibilities for HOAs, including updating election rules, maintaining records of voting preferences, and ensuring all members are informed of their voting options.

While the law promotes electronic voting, homeowners retain the right to continue using traditional secret written paper ballots. HOAs must accommodate these preferences but are required to maintain clear timelines for changes in voting methods. Homeowners who wish to switch from electronic to paper ballots or vice versa must do so no later than 90 days before the election.

To accommodate these two voting methods, HOAs must manage a dual voting process, ensuring transparency and compliance with notice requirements. Detailed instructions on how to vote electronically, as well as how to change their preferred method of voting, must be provided no later than 30 days before the opt-out deadline. This dual system aims to respect individual preferences while promoting electronic voting as the more efficient option.

One key difference between traditional and electronic voting is that floor nominations for candidates will no longer be allowed when electronic voting is utilized. This change will require homeowners to submit nominations in advance, further emphasizing the need for clear communication and deadlines.

To take full advantage of this new voting method, HOAs must update their election rules to include the specific provisions required by the new law. Associations are encouraged to consult with experienced legal counsel to ensure their rules comply with all aspects of AB 2159. Proper legal guidance is essential to avoid procedural errors that could invalidate an election or lead to legal challenges.

For many HOAs, this new law represents a long-awaited modernization of the election process, offering the potential for smoother, more efficient elections, reduced paper usage, and increased member engagement. However, as with any significant change, several details need to be addressed. Updating election rules is the critical first step to ensure a seamless transition to electronic voting.

Navigating these updates can be complex, and ensuring compliance with both new and existing legal requirements is vital. Our firm specializes in HOA law and can assist your association in revising election rules to ensure you are fully prepared for the transition.

The time to act is now—reach out to our office today to schedule a consultation and begin the process of updating your election rules. Remember, election rules cannot be amended less than 90 days prior to an election, per Civ. Code § 5105(h), and the proposed rules changes would need to be provided to owners at least 28 days prior to adoption by the board; therefore, do not wait until the last minute—get ahead of the changes and ensure your association is ready to embrace the future of electronic voting as soon as possible. 

About the Author

Niki Tran

Associate Practice Areas: Community Association Counsel Civil Litigation Niki Tran is an associate attorney with Kriger & Schuber, APC, where she provides general counsel to community associations. Niki brings with her a wealth of experience in litigation, contract disputes, commercial agreements, cr...

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