California Civil Code § 5110
Inspector of elections
Every California HOA election that requires a vote of the members must be overseen by an independent inspector of elections. The association cannot use its own directors, its candidates, or anyone already under contract with it for other paid services — which excludes the management company and the individual managers it employs.
Civil Code § 5110 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5110.json — the same text with its subdivision anchors, dates and sources.
Who may serve, and who may not
The statute names people who are eligible — a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, and a notary public — but that list is permissive, not exhaustive. A professional election firm need be neither an accountant nor a notary.
The disqualification is the operative part. The inspector may not be anyone currently employed by, or under contract to, the association for compensable services other than serving as an inspector. Directors, candidates, and persons related to a candidate are excluded as well.
Two consequences people miss
The management company is disqualified. It holds a services contract with the association, and so do the individual managers it employs. This is why associations that are otherwise fully managed still have to retain a separate inspector for every election.
A software vendor is not automatically disqualified. The bar is on holding a second contract with that association, not on being a technology company. A vendor that sells the association a subscription cannot then serve as its inspector; a firm whose only engagement with that association is the inspection can. Several California providers operate on exactly that basis.
What the inspector actually decides
The role is adjudicative, not clerical. The inspector determines the authenticity, validity and effect of proxies; counts and tabulates the votes; and hears and determines all challenges and questions arising out of the election. A platform that silently applies its own rules to a disputed proxy is making a decision the statute assigns to a named independent person.
Requirements for electronic voting
Where an association votes electronically, § 5110(c)(4)(B) sets out what the system must do. It reads as a specification, and it is the most useful paragraph in the Davis-Stirling Act for anyone evaluating a platform.
- Authenticate the member's identity. In practice this means binding the voter to the association's own membership register, not merely to an email address.
- Authenticate the validity of each electronic secret ballot and confirm it was not altered in transit. Transport encryption alone does not establish this — the ballot itself has to be verifiable after the fact.
- Transmit a receipt to each member who casts a ballot.
- Permanently separate any authenticating or identifying information from the ballot, rendering it impossible to connect a ballot to a specific member. Permanently, and impossible — not hidden behind a permission.
- Store and keep ballots accessible to elections officials for recount, inspection and review.
Requirements three and four sit in tension and have to be designed together: the member receives proof that their ballot was cast, while the association retains no path from that member to its content. Any product claim about electronic voting in California should be read against this list, clause by clause.
Related provisions
- AB 2159 — the 2024 amendment that permitted internet-based secret ballots from 1 January 2025.
- § 5105 — the election rules an association must adopt, and the member's right to switch voting method up to 90 days before.
- § 5120 — the prohibition on opening or viewing ballots before the time and place of counting.
- § 5125 and § 5200 — retention of election materials and the member's right to inspect them.
- § 5145 — the member's civil action where a secret-ballot election was conducted in violation of these sections.