Tech-driven solutions for more accessible, efficient, and secure voting processes

Electronic voting has moved from a future possibility to a practical option for California homeowners’ associations. As of January 1, 2025, California HOAs have been permitted to conduct certain membership elections using electronic secret ballots when they follow the requirements established under the Davis-Stirling Common Interest Development Act.

For HOA boards, this creates an opportunity to make elections more convenient and potentially improve participation. Homeowners can cast ballots from a computer, tablet, or smartphone instead of relying entirely on paper ballots and return mail. Associations may also reduce some of the administrative work involved in distributing, receiving, securing, and counting paper ballots.

However, electronic voting should not be treated as simply replacing an envelope with an online form. HOA elections are formal association business. The voting system, election rules, member notices, voter authentication, ballot confidentiality, recordkeeping, and role of the inspector of elections must all work together.

For boards considering electronic voting in 2026, the goal should not simply be to digitize the election. The goal should be to create an election process that is easier for members to use while maintaining the security, transparency, and procedural safeguards required by California law.

Can California HOAs Use Electronic Voting in 2026?

Yes. California Civil Code Section 5105 allows an association to adopt election operating rules permitting an inspector of elections to conduct elections using electronic secret ballots. The law defines an electronic secret ballot as one conducted through an electronic voting system that protects both ballot secrecy and integrity.

This authority is significant because California HOA elections have traditionally relied heavily on written secret ballots.

Electronic voting does not apply to every HOA membership vote. Under current California law, associations cannot use electronic secret ballots for elections involving regular or special assessments when those assessments require a membership vote under applicable law.

Boards should therefore determine whether the specific election is legally eligible for electronic voting before selecting a platform or changing election procedures.

Associations should also review their governing documents, existing election rules, and current California law with qualified legal counsel before implementing a new voting process.

Why Are HOAs Moving Toward Electronic Elections?

One of the greatest challenges in HOA governance is homeowner participation.

Residents may intend to vote but forget to mail a ballot. Others may travel frequently, live elsewhere for part of the year, or simply find a paper-based election inconvenient. When participation is difficult, an association may struggle to achieve quorum or obtain meaningful community involvement.

Electronic voting reduces some of those barriers.

A homeowner may be able to receive election information electronically, authenticate their eligibility, review the ballot, vote, and receive confirmation that the ballot was successfully transmitted.

Technology can also simplify parts of election administration. Instead of relying exclusively on physical mail handling, election inspectors can use a properly designed electronic system to receive and securely retain ballots until tabulation.

California law also recognizes electronic participation for quorum purposes. A member who votes electronically under the applicable provisions is counted as a member in attendance for determining a quorum.

That does not eliminate the need for good election planning, but it can make participation more practical for communities whose homeowners increasingly expect digital options.

What Makes an Electronic HOA Election Secure?

Security involves much more than placing a ballot on a password-protected webpage.

California Civil Code Section 5110 establishes specific requirements for electronic HOA voting systems. Among other safeguards, the inspector of elections must ensure that each electronic voter has a method for authenticating their identity and transmitting a ballot in a way that protects its secrecy and integrity.

The internet-based voting system must also be capable of authenticating members, verifying that ballots have not been altered during transmission, and providing voters with a receipt after the electronic ballots have been cast.

One of the most important requirements concerns voter privacy. The system must permanently separate identifying or authentication information from the actual electronic ballot so that the ballot cannot later be connected to the individual homeowner who cast it. That distinction is critical.

The association needs to know that an eligible member voted and that the member did not improperly vote multiple times. At the same time, the association should not be able to determine how a particular homeowner voted. A compliant system must accomplish both.

The Inspector of Elections Still Plays a Central Role

Technology does not replace the independent inspector of elections.

California law assigns important responsibilities to the inspector, including determining voting eligibility, receiving ballots, overseeing election procedures, and ensuring compliance with electronic voting requirements. The law also places restrictions on who qualifies as an independent third party for purposes of serving as an inspector.

This separation helps protect the integrity of the election.

An HOA board should not view electronic voting as a process that can simply be managed informally through the association’s website, management portal, email system, or a generic online survey tool.

The voting platform and the election inspector must support a process that satisfies the legal requirements for authentication, secrecy, ballot integrity, tabulation, and election records.

Homeowners Must Still Have Access to Written Ballots

Modernization should not mean eliminating options for residents who prefer paper.

California’s electronic voting framework includes procedures allowing members to vote using written secret ballots. Depending on how the association structures its election rules, members may be given procedures to opt into or opt out of electronic voting. Associations must also maintain a voting list identifying which members will vote electronically and which will use written ballots.

If an association does not have the email address required for a member to vote electronically by the time ballots are distributed, the association must send that member a written secret ballot. This is an important accessibility safeguard.

Some residents may not regularly use email. Others may have limited internet access, difficulty using online systems, or simply feel more comfortable with a traditional ballot. A well-run election accommodates those residents instead of creating a digital barrier to participation.

Election Rules Need to Be Updated Before the Election

A board should not decide shortly before an election that it wants to begin accepting electronic ballots.

The association must adopt election operating rules that address the electronic voting process, including how members select their voting method, how written and electronic ballots correspond, how voting lists are maintained, and how members receive information about the process.

California law also generally prohibits election operating rules from being amended less than 90 days before an election. This makes advance planning important.

Before introducing electronic voting, the board and management team should establish a timeline that accounts for rule changes, required member notices, voter information verification, selection of the inspector, platform setup, testing, and ballot distribution.

Electronic voting may make the actual act of voting faster, but the association still needs a carefully managed election calendar.

Member Communication Is Essential

A secure voting platform will not improve participation if homeowners do not understand how to use it. Communication should begin before voting opens.

Members should understand whether they are scheduled to vote electronically or by written ballot, what they need to do if they want to change their voting method, how to access the electronic system, when voting closes, and whom to contact if they experience technical difficulties.

California law contains specific notice requirements for electronic secret ballots, including instructions for accessing the internet-based voting system and casting the ballot. The law also requires preliminary election information regarding the deadline for transmitting electronic ballots when an association offers electronic secret voting. Clear communication reduces confusion and helps prevent last-minute disputes.

Associations should use plain language rather than technical terminology. Homeowners do not need to understand how the voting software works behind the scenes. They need to know what they must do, when they must do it, and how their ballot and privacy are protected.

What Should an HOA Look for in an Electronic Voting System?

The first consideration should be legal compliance, not convenience or price.

A platform intended for HOA elections should support the specific requirements imposed by California law. Boards and their advisors should evaluate whether the proposed system provides:

1. Secure voter authentication.
2. Protection against ballot alteration during transmission.
3. Separation of voter identity from the completed ballot.
4. Confirmation or receipt after a ballot is successfully transmitted.
5. Secure retention of electronic ballots and election records.
6. Access to records when legally required for inspection, review, or recount.
7. A practical process for homeowners to verify that their devices can communicate with the voting system.
8. Clear administrative controls for the independent inspector of elections.
9. Technical support for homeowners who encounter access problems.

California law specifically requires electronic ballots to remain accessible to election officials or authorized representatives for recount, inspection, and review purposes.

Boards should therefore be cautious about choosing a general polling application simply because it is inexpensive or easy to use. HOA election software must support legal election procedures, not merely collect responses.

Electronic Voting Does Not Eliminate Election Records

Digital elections still create association records.

California law includes the tally sheet of votes cast by electronic secret ballot within the definition of association election materials. As of 2026, association election materials must be maintained for one year following the election.

Electronic tally sheets also cannot simply be reviewed whenever someone wants to check the preliminary results. California law prohibits a person, including an association member or management company employee, from opening or reviewing an electronic vote tally sheet before the designated time and place for counting and tabulating ballots.

These requirements reinforce an important principle: technology changes how ballots are delivered and stored, but it does not eliminate election controls.

Cybersecurity and Privacy Should Be Part of Vendor Selection

Legal compliance establishes the minimum framework. Boards should also evaluate the broader cybersecurity practices of any voting provider.

The association may be relying on the vendor to process email addresses, voter credentials, authentication information, election records, and other sensitive data.

Before selecting a provider, boards should ask how information is encrypted, where election data is stored, who can access it, how administrator accounts are protected, what happens if a security incident occurs, and how information is retained or deleted after applicable recordkeeping requirements have been satisfied.

The association should also understand what responsibilities belong to the vendor, the inspector of elections, the management company, and the association itself. Clear responsibilities reduce the likelihood that an important security or procedural task will be overlooked.

A Hybrid Approach May Be the Most Practical Transition

Associations do not need to force every homeowner into the same voting method.

For many communities, the most practical approach may be a carefully coordinated system that supports electronic voting while continuing to accommodate residents who vote by written secret ballot.

This allows the association to modernize without excluding homeowners who are less comfortable with technology. It also gives the board time to evaluate participation rates, homeowner feedback, administrative demands, technical issues, and costs before making electronic voting a larger part of future elections.

The objective should be accessibility, not technology for its own sake.

How Can an HOA Prepare for Electronic Voting?

A board considering electronic voting should begin well before the next election cycle.

The process should include reviewing current governing documents and election rules, confirming which elections qualify for electronic secret ballots, consulting association counsel when appropriate, selecting an independent inspector, evaluating compliant technology providers, verifying homeowner contact information, and developing clear member instructions.

The association should also consider conducting a technical readiness period before voting begins.

California law requires electronic voters to have a method to confirm, at least 30 days before the voting deadline, that their device can successfully communicate with the internet-based voting system.

This is more than a technical requirement. It is good election management. Identifying access problems before voting closes gives homeowners a better opportunity to participate successfully.

What Is the Biggest Benefit of Electronic HOA Voting?

The greatest benefit may not be speed. It may be accessibility.

HOA governance works best when homeowners have a reasonable opportunity to participate in decisions affecting their community. Removing unnecessary barriers can make that participation easier.

Electronic secret ballots can give residents another secure way to vote while helping associations manage elections more efficiently. They may also make participation easier for homeowners who travel, maintain multiple residences, have mobility limitations, or simply prefer conducting routine business online.

The technology, however, is only as effective as the procedures surrounding it.

Modernizing HOA Elections Without Sacrificing Trust

Electronic voting represents an important change in California HOA governance, but boards should approach it as a governance project rather than simply a technology upgrade.

The most successful transition begins with compliant election rules, a qualified inspector of elections, a properly designed voting system, accurate homeowner information, strong security practices, and clear communication.

Boards should also remember that California HOA election law continues to evolve. For example, legislation considered during the 2026 legislative session includes proposed technical changes to electronic secret ballot notice requirements. Associations planning future elections should confirm the law in effect at the time of the election rather than relying solely on procedures established in a previous year.

For boards already managing budgets, maintenance, compliance requirements, resident concerns, and long-term planning, changing an established election process can feel like another complicated responsibility. Careful coordination among the board, management company, election inspector, legal counsel, and technology provider can make the transition much more manageable.

Electronic voting should ultimately accomplish something simple: make it easier for eligible homeowners to participate while preserving the confidentiality, fairness, accountability, and trust that a community election requires.

For associations considering electronic voting in 2026, modernization should not mean moving faster at the expense of proper procedure. It should mean using technology thoughtfully to create a voting process that is more accessible for homeowners and easier to administer while maintaining the safeguards expected of a well-managed community.

Contact Silvercreek for more information.