Inspector of Elections Services

Statutory duties under Civil Code § 5110(c)

Every Inspector of Elections must:

1. 1Determine the number of memberships entitled to vote and the voting power of each.
2. 2Determine the authenticity, validity, and effect of proxies, if any.
3. 3Receive ballots and maintain secure custody.
4. 4Ensure compliance with electronic secret ballot requirements when electronic voting is used (added by AB 2159, effective Jan 1, 2025).
5. 5Hear and determine all challenges related to voter eligibility or ballot validity.
6. 6Count and tabulate all votes in a fair, observable process.
7. 7Determine when the polls close, consistent with your governing documents.
8. 8Certify the tabulated results of the election.
9. 9Perform any acts necessary to conduct the election with fairness to all members.

These duties do not change with the type of election, whether director seats, recalls, amendments or assessments, and they apply equally to paper, electronic, and hybrid voting.

What we deliver to meet those duties

Our service package covers every practical step required to execute a legally compliant HOA election:

• ✓All three statutory mailings, printed, assembled, and posted

  The nomination notice, the 30-day pre-ballot notice, and the ballot packet, prepared and mailed on schedule under Civil Code § 5115.

• ✓First-class postage out and return postage back

  Ballot packets mailed First-Class for reliable delivery; return envelopes pre-stamped for member convenience.

• ✓A verified voter list

  We build and validate the membership roster against your records to ensure accurate voting power and eligibility.

• ✓Candidate nominations received and acknowledged

  We accept nominations directly, confirm eligibility, and issue written acknowledgments.

• ✓Ballots received and safeguarded

  Secure custody from the moment ballots arrive through the public count.

• ✓A public, transparent count at your meeting

  Ballots opened and tabulated in full view of members, consistent with Civil Code § 5120.

• ✓A signed written result, prima facie evidence under § 5110(d)

  Your board receives a certified result that carries legal weight.

• ✓Custody of sealed ballots for the full one-year challenge window

  We retain ballots, envelopes, and tally materials for one year under Civil Code § 5125.

Why this matters

AB 2159 (2025) shifted electronic voting compliance onto the inspector, not the association. That means your inspector must understand, and execute, every statutory requirement, whether your election is paper, electronic, or hybrid.

HOA Ballot Services delivers compliant, neutral, and professionally executed elections that give your board complete confidence in every result.

The ways to vote

1. 1.Traditional Mail-In / Paper Secret Balloting

   What it is: The standard double-envelope paper voting process required by Civil Code § 5115.

   Why it matters: This is the foundation of HOA election compliance. Even after Assembly Bill 2159 (effective January 1, 2025) allows electronic voting, members still retain the right to cast a physical paper secret ballot. Assessment votes must always be conducted on paper: electronic voting is not permitted for those matters.

2. 2.Electronic Secret Balloting

   What it is: Online voting authorized under Civil Code § 5105(i).

   Inspector’s duty: Under § 5110(c)(4), the inspector must ensure the electronic system meets all legal standards for identity verification, ballot secrecy, and audit trail integrity.

3. 3.Hybrid Balloting (Paper + Electronic Combined)

   What it is: A blended approach where members may vote either by paper or through a secure electronic portal.

   Inspector’s duty: The inspector cross-checks paper outer envelopes against electronic submissions to prevent duplicate voting and certify accurate totals.

4. 4.Election by Acclamation (Administrative / Procedural)

   What it is: When the number of qualified candidates equals the number of open board seats, Civil Code § 5103 allows the board to seat those candidates without mailing secret ballots.

   Inspector’s duty: The inspector verifies eligibility and confirms all procedural steps were properly followed before certifying the acclamation.

The four votes that need an inspector

• Board of Directors Elections

  The annual director election is the one nearly every California association has to run, and Civil Code § 5100(a)(2) requires a seat to go to a vote when its term expires and at least once every four years.

  Self-managed associations with nobody neutral to run the count, and managed associations whose management company is disqualified from doing it under § 5110(b).

• Recall and Removal Elections

  A recall is the highest-stakes vote an association runs, and it is the one most likely to end up in front of a judge.

  Boards facing a member-initiated recall petition, and member groups who need the count run by someone with no relationship to the sitting board.

• CC&R and Bylaw Amendment Votes

  Amendments to your governing documents are secret-ballot matters under Civil Code § 5100(a)(1), and they usually carry a supermajority threshold written into the CC&Rs themselves.

  Associations updating CC&Rs or bylaws, and boards whose amendment failed once already and cannot afford a second challenge.

• Assessment and Special Assessment Votes

  Assessment increases that legally require a member vote are secret-ballot matters under Civil Code § 5100(a)(1), and they come with a trap: § 5105(i) expressly excludes elections regarding regular or special assessments from electronic secret balloting.

  Boards funding a reserve shortfall or a capital project, where a failed or challenged vote means the work does not happen.

Grants of exclusive use of common area under § 4600 are on the statutory list too. They come up rarely enough that we handle them alongside a governing-document amendment rather than giving them their own page. Ask if that is what you are facing.