Starting January 1, 2025, California HOAs can officially ditch the paper ballots and bring their elections into the digital age. Thanks to Assembly Bill 2159 (AB 2159), homeowners associations can now conduct secure, electronic secret ballot elections for directors, CC&R amendments, and more. But don’t jump straight to an online voting platform just yet—your HOA must adopt new Election Rules first. This update is a game-changer for communities looking to boost participation, cut costs, and streamline election logistics. But only HOAs that take proactive steps to update their procedures will be able to take advantage.
Why Electronic Voting Is a Win for HOAs
Electronic voting offers big benefits for associations and homeowners alike:-
• Higher Participation: Owners can vote anytime, anywhere, with just a few clicks—perfect for absentee owners or busy professionals.
• Lower Costs: Say goodbye to printing, postage, envelope stuffing, and hand tallying.
• Instant Results: Voting results are available immediately when polls close.
• Better Accuracy and Transparency: Reputable platforms provide time-stamped, auditable ballots while keeping voter identities anonymous.
How AB 2159 Changed the Law
AB 2159 was signed into law in 2024 and goes into effect on January 1, 2025. It modernizes the Davis-Stirling Act by amending key statutes, including Civil Code § 5105 and § 5115, to allow for electronic voting in HOA elections—so long as it’s properly authorized and managed. Here’s what changed:Civil Code § 5105: Election Rules
AB 2159 added a new subsection allowing HOAs to adopt operating rules authorizing electronic secret ballots. These rules must:-
• Allow homeowners to opt out and receive paper ballots (up to 90 days before the election),
• Describe how the association will manage both ballot types,
• Maintain a vote registry showing who is voting electronically,
• Require members to provide a valid email address for electronic voting.
Civil Code § 5115: Balloting Procedures
AB 2159 also updated § 5115 to ensure that:• Electronic ballots follow the same timeline and notice requirements as paper ballots,
• The election inspector oversees all aspects of the vote—whether online or on paper,
• Ballots (electronic or paper) are treated with equal validity and confidentiality.
How to Implement Electronic Voting in Your HOA
If your Board wants to adopt electronic voting, here’s how to do it legally and effectively:
Start by updating your Election Rules to authorize electronic secret ballots and outline the procedures. A 28-day member comment period is required before the Board can adopt the changes.
Select a platform that ensures:
• Voter identity is verified but ballots are anonymous,
• Votes are securely transmitted and auditable,
• Voters receive confirmation their ballot was submitted.
Let owners know about the change and give them the option to opt out. Members must proactively opt in to electronic voting by providing a valid email address.
Just like with paper ballots, a third-party Inspector of Elections must oversee the entire voting process—even when done electronically.
Administer voting in accordance with the Davis-Stirling Act—providing notices, enforcing deadlines, protecting secrecy, and retaining ballots (digital or physical) for at least one year.
Don’t Miss the Opportunity to Modernize
AB 2159 has given California HOAs the green light to move toward faster, simpler, and more inclusive elections. But modernization doesn’t happen automatically. Boards need to act now to amend their Election Rules and prepare for a compliant rollout.
That’s where we come in.
Our firm regularly assists associations with:
• Drafting or revising Election Rules to comply with AB 2159,
• Vetting and selecting secure voting platforms,
• Guiding Boards through implementation, notice, and election administration.
Ready to bring your HOA’s elections into the 21st century? Contact us today at (949) 729-8002 or email us to update your Election Rules and take the first step toward secure, efficient, and legally compliant electronic voting.