California HOA Electronic Voting Notice
An electronic voting notice tells members how they may vote online or by email, what steps the association has taken to protect ballot secrecy, and how members who prefer paper can still receive a traditional ballot.
What Is This Notice?
An electronic voting notice is an informational document that explains the association's electronic voting process, the technology or service being used, and the choices available to each member.
It is not the ballot itself. Its purpose is to give members enough information to decide whether to participate electronically and to understand how their votes will be kept secret and secure.
When Is It Used?
It is sent before electronic ballots are distributed, typically alongside or immediately after the pre-ballot or annual meeting notice.
It should be issued whenever the association offers electronic voting, including when a member has previously consented to electronic delivery and the association is reminding members of their voting options.
What Information Does It Typically Include?
- A clear statement that electronic voting is optional and that members may still request a paper ballot
- Instructions for accessing the electronic voting system, including any deadlines for registration or credential setup
- The date electronic voting opens and closes, and how it relates to the ballot return deadline
- A description of how the system protects the secrecy of the secret ballot
- How the association verifies voter identity and prevents duplicate or unauthorized voting
- Contact information for technical support and for the inspector of elections
- A reminder of how members may update their delivery preferences or withdraw electronic consent
- A reference to the association's election rules and applicable California law
- The deadline to opt out of (or into) electronic voting, which can be no later than 90 days before the election
- A statement that floor nominations are not allowed when the association uses electronic voting
Who Receives the Notice?
The notice is sent to all members entitled to vote, regardless of whether they have consented to electronic delivery, because every member must know that electronic voting is available and that a paper ballot remains an option.
Members who have consented to electronic delivery may receive the notice by email. Members who have not consented should receive it through the association's standard delivery method.
Timing & Deadlines
Since January 1, 2025 (AB 2159), an association may adopt an election operating rule allowing elections by electronic secret ballot, conducted by the inspector of elections. It cannot be used for elections on regular or special assessments (Civil Code §5105(i)).
Members may switch between electronic and written ballot no later than 90 days before the election. Under an opt-out rule, the association must send individual notice at least 30 days before the opt-out deadline showing the member's current voting method, the email address on file, how to opt out and the opt-out deadline.
The association must deliver individual notice of the electronic ballot to each member 30 days before the election, with instructions on accessing the voting system and how to vote. Starting January 1, 2027, AB 1892 limits this notice to members who are voting electronically. It is still due no later than 30 days before the election. See the 2027 changes Members must also have a way to confirm, at least 30 days before the voting deadline, that their device works with the voting system (§5110).
The pre-ballot general notice (at least 30 days before ballots go out) must include the deadline for electronic ballots and preliminary electronic voting instructions (§5115(b)). A member without an email address on file when ballots are distributed must be sent a written ballot.
Related California Civil Code
California Civil Code §4040
Individual notice
Describes how associations may deliver individual notices to members, including by email when a member has consented to electronic delivery, and the requirements for maintaining delivery preferences.
California Civil Code §5105
Election rules and candidate qualifications
Addresses the content of an association's election rules, including nomination procedures, candidate qualifications, disqualification standards and access to media and common areas.
California Civil Code §5110
Inspector of elections
Covers appointment of one or three inspectors of elections, who may serve, and the duties of the inspector in administering the vote and tabulating ballots.
California Civil Code §5115
Election notices and ballot procedures
Sets the core deadlines: 30 days' notice before the nomination deadline, a general notice 30 days before ballots are distributed, ballots mailed 30 days before the voting deadline, and reconvened meeting rules when quorum fails.
Last reviewed: October 5, 2026
Common Mistakes
- Requiring all members to vote electronically or treating electronic voting as the default
- Failing to explain how a member may request a paper ballot
- Sending the notice only to members who have already consented to email delivery
- Describing a voting system without addressing ballot secrecy or identity verification
- Providing deadlines that conflict with the paper ballot return schedule
- Not documenting member consent to electronic delivery before sending credentials by email
What Happens Next?
After members understand their voting options, the association distributes ballots and meeting materials through the chosen methods and prepares for tabulation.
Frequently Asked Questions
No. Under Civil Code §5105(i), the association can make electronic voting the default (opt-out) or offer it as an option (opt-in), but every member can choose a written ballot up to 90 days before the election, and anyone without an email address on file gets a paper ballot.
Consent to electronic delivery is generally required before an association may send official notices, credentials or ballots by email. The electronic voting notice should explain how members may give or update that consent.
The notice should describe the system's safeguards, such as separating voter identity from ballot choices, and confirm that the process satisfies the secret ballot requirement for director elections.
Associations should have a clear replacement ballot procedure administered by the inspector of elections, with controls to prevent the same member from voting more than once.
No. Electronic secret ballots are allowed for director elections and other member votes, but not for elections on regular or special assessments (Civil Code §5105(i)).
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