California HOA Election Violations Demand Letter | Secret Ballot & Inspector Requirements

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Secret Ballot Violations

HOA conducting elections without secret ballots, using show-of-hands votes, or allowing board members to identify how individual owners voted.

CC 5100 Double Envelope Anonymity Void Election

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Inspector Violations

HOA failing to appoint independent inspector(s) of election, using board members as inspectors, or inspector failing to perform required duties.

CC 5110 Independence Certification Chain of Custody

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Notice & Ballot Delivery

HOA failing to provide proper election notice, not delivering ballots to all members, or not providing the required 30-day advance notice.

30-Day Notice CC 5115 All Members Return Envelope

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Candidate Qualification

HOA improperly disqualifying candidates, applying eligibility rules inconsistently, or blocking qualified members from running for the board.

CC 5105 Equal Access Qualifications Nomination

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Vote Counting Issues

Irregularities in vote counting, failure to count at open meeting, discarding valid ballots, or manipulation of election results.

Open Counting CC 5120 Quorum Verification

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Ballot Retention

HOA destroying ballots before the 1-year retention period, denying access to stored ballots, or failing to properly secure election materials.

1-Year Retention CC 5125 Member Access Recount Rights

California HOA Election Laws

California has some of the strictest HOA election laws in the nation. The Davis-Stirling Act (Civil Code 5100-5145) mandates specific procedures designed to ensure fair, transparent elections with secret balloting.

                Key Protection: Under Civil Code 5145, any member may challenge an election in small claims court or superior court. If the court finds the election was not conducted in substantial compliance with the law, it can void the election and order a new one.
            

Applicable Statutes

Civil Code 5100

Mandates secret ballots for board elections, special assessments, CC&R amendments, and other specified votes. Establishes double-envelope system.

Civil Code 5105

Election rules: Requires adoption of operating rules for elections, including candidate qualifications, nomination procedures, and timeline requirements.

Civil Code 5110

Inspector of election requirements: Must be independent, cannot be board member, employee, or candidate. Responsible for verifying voter eligibility and counting votes.

Civil Code 5115

Ballot requirements: Must mail ballots at least 30 days before deadline. Must include two envelopes—outer with voter identification, inner sealed with ballot.

Civil Code 5120

Counting procedures: Ballots must be counted at open meeting. Members can observe. Inspector certifies results. Quorum requirements apply.

Civil Code 5125

Ballot retention: All ballots must be retained for one year. Members may verify their vote was counted. Recount rights preserved.

What Requires Secret Ballot Voting

Board Elections: All elections of directors must use secret ballots
Assessments: Votes to increase regular assessments above statutory limits
Special Assessments: Votes on special assessments exceeding 5% of budgeted expenses
CC&R Amendments: Votes to amend the declaration (CC&Rs)
Grants of Exclusive Use: Votes on granting exclusive use of common area
Any Other Matter: Where secret ballot requested by member or required by governing documents

Time Limit: Election challenges should be brought promptly. While the statute doesn't specify a deadline, courts may apply laches (unreasonable delay) if you wait too long to challenge results.

Inspector of Election Requirements

California law requires the appointment of one or three independent inspectors of election who are responsible for ensuring fair elections.

Who Can Be an Inspector

Independent Third Party: Professional election services, attorneys, accountants
Association Member: Members who are not board members, candidates, or related to candidates
Management Company Employee: Only if no member volunteers and management is not a candidate

Who Cannot Be an Inspector

Current board members
Candidates in the election
Family members of board members or candidates
Anyone with a financial interest in the outcome
Association employees (with limited exceptions)

Inspector Duties

Verify Eligibility: Confirm voter is a member in good standing
Maintain Custody: Secure ballots from receipt through counting
Ensure Secrecy: Separate outer envelope from inner ballot envelope before counting
Count Votes: Tabulate votes at an open meeting
Certify Results: Sign certification of election results
Retain Records: Ensure ballots are stored for one year

                Common Violation: Many HOAs improperly use board members or management company staff as inspectors. This violates Civil Code 5110 and can be grounds for voiding the election.
            

Secret Ballot Procedures

The Double-Envelope System

California law requires a specific double-envelope procedure to ensure ballot secrecy:

Inner Envelope: Contains only the ballot. No identifying information. Sealed by voter.
Outer Envelope: Contains member's name and signature or other identifying information. Used to verify voter eligibility.
Separation Process: Inspector removes inner envelope from outer envelope. Only then is inner envelope opened and ballot counted.
Anonymity Protected: Once separated, there is no way to connect a ballot to a specific voter.

Ballot Delivery Requirements

Ballots must be mailed to all members at least 30 days before deadline
Must include pre-addressed return envelope
Must include candidate statements (if provided)
Must include voting instructions
Must identify the deadline for returning ballots

Counting Procedures

Ballots must be counted at an open meeting
Members have the right to observe counting
Quorum must be established before counting
Inspector announces results at meeting
Results must be recorded in meeting minutes

Common Violation: "Hand-raising" votes or voice votes for matters requiring secret ballot are void. If your HOA conducted an election without secret ballots, the results can be challenged.

Sample Election Challenge Demand Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[HOA Name]
[Board of Directors]
[Address]
[City, State ZIP]

Re: Election Violation Challenge – Demand for New Election

Dear Board of Directors:

I write to formally challenge the election conducted on [date] on the grounds that it violated California Civil Code 5100-5145. Due to these violations, the election results are invalid and a new election must be conducted.

Election Violations: The [date] election violated California law as follows: [Describe specific violations, e.g., "The Association failed to use secret ballots as required by Civil Code 5100, instead conducting a show-of-hands vote"; "The inspectors of election included [name], a current board member, in violation of Civil Code 5110"; "Ballots were mailed only 15 days before the deadline, violating the 30-day requirement of Civil Code 5115"; "Ballots were counted in a closed session, not at an open meeting as required by Civil Code 5120"].

Legal Standard: Under Civil Code 5145, an election that is not conducted in "substantial compliance" with the election rules in the Davis-Stirling Act is subject to challenge. The violations identified above are not minor technical defects—they go to the fundamental fairness and integrity of the election process.

Demand: I demand that the Association: (1) Declare the [date] election results void due to procedural violations; (2) Conduct a new election in full compliance with Civil Code 5100-5145; (3) Appoint one or three independent inspectors of election as required by law; (4) Provide at least 30 days' notice and proper ballot materials to all members.

If the Association does not voluntarily conduct a new election within 30 days, I intend to file a petition in [Superior Court/Small Claims Court] under Civil Code 5145 seeking an order voiding the election and requiring a new one. I will also seek attorney's fees and costs as the prevailing party.

Sincerely,

[Your Signature]
[Your Name]

Sample Inspector Disqualification Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

[HOA Name]
[Board of Directors]
[Address]
[City, State ZIP]

Re: Objection to Inspector of Election – Civil Code 5110 Violation

Dear Board of Directors:

I write to formally object to [name]'s appointment as inspector of election for the upcoming [date] election. This appointment violates Civil Code 5110 and must be rescinded.

Disqualification: [Name] is disqualified from serving as inspector because: [Describe specific disqualification, e.g., "[Name] is a current member of the Board of Directors"; "[Name] is a declared candidate in this election"; "[Name] is employed by the Association"; "[Name] is the spouse of Board President [name]"].

Civil Code 5110(b) specifically provides that an inspector "shall not be a member of the board of directors or a candidate for the board of directors or related to a member of the board of directors or a candidate for the board of directors." The legislature enacted these requirements to ensure election integrity and public confidence in the process.

Demand: I demand that the Board immediately: (1) Remove [name] as inspector of election; (2) Appoint a qualified, independent inspector who meets all requirements of Civil Code 5110; (3) Confirm the new inspector's qualifications to the membership before any ballots are processed.

If the Association proceeds with the election using a disqualified inspector, I will challenge the election results under Civil Code 5145 and seek to have the election voided. Please respond within 7 days confirming compliance.