California's AB 2159: What HOA Boards Need to Know About Electronic Voting in 2025

The Biggest Change to California HOA Elections in a Decade

On September 20, 2024, Governor Newsom signed Assembly Bill 2159 into law, amending the Davis-Stirling Common Interest Development Act to authorize electronic voting for most community association elections. The law took effect January 1, 2025.

For California's 50,000+ community associations — the largest number of any state — AB 2159 eliminates the single biggest barrier to modernizing governance: the requirement that all secret ballot elections use physical written ballots. Boards can now offer electronic ballots alongside or instead of paper, provided they follow a specific procedural framework.

This analysis breaks down what AB 2159 authorizes, what it explicitly excludes, and the step-by-step process boards must follow to implement electronic voting.

What AB 2159 Authorizes

The bill amends Civil Code §5100 and §5115 to permit electronic secret ballots for the following types of votes:

• Election and removal of board directors
• Amendments to governing documents (CC&Rs, bylaws, articles of incorporation)
• Rule changes requiring membership approval
• Other matters traditionally decided by secret ballot election under Davis-Stirling

These categories cover the vast majority of member votes. For most associations, AB 2159 means that annual elections, bylaw amendments, and CC&R changes can all be conducted electronically.

What AB 2159 Does NOT Authorize

One critical exclusion: votes on regular or special assessments still require written secret ballots under Civil Code §5100. This means associations cannot use electronic voting to levy assessments, raise regular assessment amounts, or approve special assessments. Paper ballots remain mandatory for financial votes.

The distinction is deliberate. The legislature recognized that assessment votes carry direct financial consequences for homeowners and preserved the paper ballot requirement as a procedural safeguard. Boards must maintain the infrastructure for paper ballots even after adopting electronic voting for other purposes.

Implementation Steps: A Practical Guide

Step 1: Amend Your Election Rules (90-Day Minimum)

AB 2159 requires associations to amend their election operating rules to authorize electronic voting. This amendment must be finalized at least 90 days before the election in which electronic ballots will first be used.

This timeline matters. If your annual meeting is in June, the election rule amendment must be adopted by March at the latest. Given that the rule amendment process under Civil Code §4360 requires a 28-day notice and comment period, boards should begin the process at least 120 days before their election to allow for drafting, review, and adoption.

Step 2: Choose Your Default Method

The law allows associations to structure electronic voting in two ways:

Option A: Electronic as default, paper as opt-out. Members receive electronic ballots automatically and must affirmatively request a paper ballot. This approach maximizes digital participation while preserving access for members who prefer paper.

Option B: Paper as default, electronic as opt-in. Members receive paper ballots automatically and may choose to vote electronically instead. This approach is more conservative but may result in lower electronic adoption.

Most governance professionals recommend Option A for associations where the majority of the membership is digitally connected. The key is that every member must have a meaningful choice — no one can be forced to vote electronically or denied the option.

Step 3: Select a Compliant Platform

AB 2159 mandates five specific capabilities in any electronic voting system:

1. Authenticate the voter's identity — The system must verify that the person casting the ballot is the member (or their authorized representative) entitled to vote. Acceptable methods include email verification, SMS codes, and multi-factor authentication.

2. Ensure the validity of each ballot — The system must prevent duplicate votes, reject ballots from ineligible parties, and enforce one-vote-per-unit rules.

3. Provide a receipt to the voter — Upon submission, the voter must receive confirmation that their ballot was received and recorded. This receipt must not reveal the content of secret ballots.

4. Permanently separate identifying information from the ballot — For secret ballot elections, the system must cryptographically or procedurally ensure that no one — including election administrators, board members, and management companies — can match a ballot to the member who cast it.

5. Securely store ballots for recount or inspection — Ballots must be retained and available for inspection, recount, or challenge under Civil Code §5145.

Step 4: Eliminate or Adjust Floor Nominations

One procedural change that boards often overlook: AB 2159 permits associations using electronic voting to eliminate floor nominations for candidates. In traditional elections, members can nominate candidates from the floor at the annual meeting. When ballots are distributed electronically before the meeting, floor nominations become procedurally impractical.

Boards should address this in their election rule amendment — either eliminating floor nominations entirely or specifying a deadline for candidate nominations that aligns with the electronic ballot distribution timeline.

Step 5: Prepare for a Dual-Track Election

Even after implementing electronic voting, boards must maintain the capability to process paper ballots for:

• Members who opt out of electronic voting
• Assessment votes (which remain paper-only)
• Any election where the electronic system becomes unavailable

The election inspector must be prepared to count and combine both electronic and paper results. The election rule amendment should specify how ballots are combined and how the results are certified.

Common Questions

Can boards adopt electronic voting without a membership vote? Yes. AB 2159 streamlined the process — the board can amend election operating rules to authorize electronic voting without membership approval. This is a significant change from the prior framework.

Does electronic voting count toward quorum? Yes. A member who casts an electronic ballot is counted as present for quorum purposes, consistent with how mailed and in-person ballots are treated.

What happens if the electronic system fails during an election? The law does not prescribe a specific remedy. Boards should include contingency procedures in their election rules — such as extending the voting period, reverting to paper ballots, or rescheduling the election — and address system failure in their vendor contract.

Can management companies serve as election inspectors for electronic elections? Civil Code §5110 requires independent election inspectors. Management company employees may serve in this role if they are not employees of the current management company of the association. Many associations are opting for third-party election services that provide both the electronic platform and independent inspector functions.

The Bottom Line

AB 2159 is a well-designed statute that balances modernization with member protections. The opt-in/opt-out framework preserves choice, the security requirements establish a meaningful baseline, and the 90-day adoption timeline prevents hasty implementation.

For boards, the practical impact is straightforward: you can now run digital elections for directors and governing document amendments. The implementation requires planning — start the election rule amendment process well before your next election — but the process is not complex.

California joins Florida, Virginia, Texas, and Maryland in establishing a clear statutory framework for electronic voting. For the 50,000+ associations in the state, AB 2159 removes the legal barrier that was the most commonly cited reason for not adopting digital governance tools.

References

• California Legislative Information — AB 2159 (2024), Chapter 668, Statutes of 2024
• California Civil Code §5100, §5110, §5115, §5145 (as amended)
• California Civil Code §4360 (Operating rule adoption procedure)
• Roseman Law APC — "AB 2159: Electronic Voting Comes to California HOAs" (2024)
• Kriger Scheuber Lyons & Needham — "What California HOAs Need to Know About Electronic Voting" (2024)
• Davis-Stirling.com — Civil Code §5115 annotations
• HOA Elect California — Implementation guidance for AB 2159