HOA Elections: Procedures, Inspector of Elections, and the Three Most Common Challenges

HOA elections are governed by statute, bylaws, and parliamentary procedure — in that order. The most common reason they're overturned is procedural, not substantive. This is the working playbook.

The three statutory pillars

Notice. The membership must receive timely written notice of the election with a statutorily defined window. California Civ. Code § 5115 requires 30 days' general notice for elections by ballot; Florida § 720.306(9) requires 14 days' notice for elections that use ballots.
Ballot. Most state HOA acts require a written secret ballot for board elections (California §§ 5100–5145; Florida § 720.306(9)). The ballot may be paper or, where permitted, electronic.
Inspection. An independent inspector of elections — not a board member or a director's family member — receives, counts, and certifies ballots. California Civ. Code § 5110; the inspector may be a CPA, an election-administration firm, or a member who meets the independence requirements.

The election rules document

California's SB 323 (2018) requires every Davis-Stirling association to adopt written election rules at least 90 days before each election (Civ. Code § 5105). Most other states do not have this exact requirement, but written rules are good practice everywhere. The rules should cover:

Candidate qualifications and the verification process (good standing; current on assessments; eligibility deadline).
The nomination procedure and deadlines.
The form and content of the ballot.
The procedure for distributing and returning ballots.
The inspector's duties and the date, time, and place of the ballot count.

Cumulative voting

Some bylaws provide for cumulative voting — each member receives a number of votes equal to (votes per share) × (open seats) and may distribute them among candidates as they choose. Where it applies, it is a material protection for minority owner interests. Where the bylaws are silent, it does not apply by default; the bylaws must specifically authorize it.

Election by acclamation

Where the number of nominees does not exceed the open seats, several states authorize election without a ballot. California AB 502 (2021), codified at Civ. Code § 5103, permits acclamation if specified conditions are met (the association solicited nominations in the prescribed manner, the seats had been open the required period, no contest exists, and other statutory checkpoints). The procedural checkpoints are precise — if any is missed, an aggrieved member can later void the election.

The three challenges that recur

Ballot integrity. Ballots delivered, returned, and counted in the open without single-member intervention. Sealed return envelopes, ballot box held by the inspector, count witnessed. The recurring problem: ballots collected by a board member ahead of the meeting and then handed off to the inspector — even when innocent, this creates a chain-of-custody question that can void the election.
Candidate qualification disputes. An incumbent disqualifies a challenger for being "behind on assessments" — a documented selective-application of the rule. The defense is a written, neutral verification procedure applied identically to every candidate, with the criteria spelled out in the election rules in advance.
Electronic voting validity. California (Civ. Code § 5105(g)) permits electronic voting if specific consent and audit requirements are met; Florida (§ 718.128 for condos; § 720 incorporating similar mechanisms) likewise. The recurring problem is rolling out electronic voting without member-by-member opt-in and without the audit trail the statute requires.

Post-election

The inspector certifies the results in writing.
Results are announced at an open meeting and recorded in the minutes.
Ballots and signed voter envelopes are retained per the statute (California: one year; longer if the election is contested).
The new board is seated; officers (president, secretary, treasurer) are elected by the directors at the first post-election board meeting per the bylaws.

If a challenge is filed

Several states impose statutes of limitations and notice requirements on election challenges (California Civ. Code § 5145 — one year, with specific procedural prerequisites). Don't conceal procedural defects; document them transparently. The defensible response to a credible challenge is to engage counsel, examine the inspector's records, and, if a material defect occurred, voluntarily re-run the election rather than litigate to a void result.

References

California Civil Code §§ 5100–5145 (Election Rules).
SB 323 (2018); AB 502 (2021); AB 1101 (2021).
Florida Statutes § 720.306(9); § 718.112(2)(d) (condo board elections).
Robert's Rules of Order Newly Revised, 12th ed., § 46 (Elections).
CAI Best Practices: Elections.

Not legal advice. Election statutes are state-specific and amended often.