Which notices a California HOA election requires
Civil Code §5115 requires two general notices before members vote (a Call for Candidates before the nomination deadline and a pre-ballot notice at least 30 days before ballots are distributed), plus the ballot package itself. Civil Code §5105 requires the association's election rules to govern nominations, candidate qualifications, and acclamation, and §5120 requires the inspector of elections to report the results within 15 days. Each notice below is generated with your association name, dates, positions, and candidate information already merged in.
Electronic voting notice and opt-out
If your association votes electronically, members have to be told before ballots go out, and every member keeps the right to vote on paper instead.
Civil Code §5105(a)(8), §5110
- When it's sent
- At least 30 days before ballots are distributed.
- Who receives it
- Every member entitled to vote, by individual delivery.
- What it must include
- That the election will be conducted electronically, how members will receive and cast an electronic ballot, and how a member opts out to receive a paper ballot, including the deadline to do so.
- If it's missed
- The association can't rely on electronic voting for members who were never given the chance to opt out. The safe fix is to reset the schedule, not to proceed.
Call for Candidates (nomination notice)
This is the notice that opens the election. Everything else is scheduled from its deadline.
Civil Code §5115(a), §5103
- When it's sent
- At least 30 days before the nomination deadline.
- Who receives it
- Every member, by individual delivery.
- What it must include
- The seats up for election and their terms, the candidate qualifications in your election rules, how to nominate yourself or another member, the nomination deadline, and whether seats may be filled by acclamation if nominations don't exceed open seats.
- If it's missed
- A short or missing nomination window is one of the most common grounds for challenging an election. Members who were not given the full period can argue they were denied the chance to run.
Nomination reminder notice
The reminder only matters if you want the option of seating candidates by acclamation, but if you want that option, it is not optional.
Civil Code §5103
- When it's sent
- Between 7 and 30 days before the nomination deadline.
- Who receives it
- Every member, by individual delivery.
- What it must include
- The number of open seats, the nomination deadline, how nominations can be submitted, and a statement that the board may seat candidates by acclamation if nominations do not exceed the open seats.
- If it's missed
- Acclamation is off the table and the association has to run a full ballot election, even if the number of candidates equals the number of seats.
Pre-Ballot general notice with voting instructions
The pre-ballot notice tells members when and how the vote will happen before the ballots arrive.
Civil Code §5115(b)
- When it's sent
- At least 30 days before ballots are distributed.
- Who receives it
- All members by general notice, and by individual delivery to any member who has asked for individual notice.
- What it must include
- The date and time by which ballots must be returned, the date, time and location of the meeting where ballots will be counted, the list of all candidates, and the address where ballots are returned.
- If it's missed
- Ballots can't go out on schedule, so the ballot deadline, the meeting and the count all move. Building the dates in the timeline calculator first prevents this.
Ballot package (secret ballot, double envelope)
The ballot package is where most procedural mistakes happen, because the secret-ballot rules are specific about envelopes and signatures.
Civil Code §5100
- When it's sent
- At least 30 days before the deadline for returning ballots.
- Who receives it
- Every member entitled to vote, by individual delivery (or electronically for members who did not opt out of electronic voting).
- What it must include
- The ballot with no identifying marks, an inner envelope with no identifying information, and an outer envelope addressed to the inspector of elections with space for the member's signature, name and address. Include return instructions and the deadline.
- If it's missed
- Late ballots shorten the voting window below the statutory minimum, which exposes the result to challenge. Missing or incorrect envelopes can compromise the secret ballot itself.
Notice of acclamation
When nominations don't exceed open seats and the association sent both nomination notices on time, the board can seat the candidates without a ballot vote.
Civil Code §5103
- When it's sent
- After the nomination deadline closes and the board confirms the number of qualified candidates.
- Who receives it
- All members.
- What it must include
- The names of the candidates seated, the seats they fill, and a statement that they were elected by acclamation because nominations did not exceed open seats.
- If it's missed
- Members are left without a record of how the board was seated. Document the acclamation in the minutes and the notice together.
Results report and annual meeting minutes
The election is not finished when the ballots are counted. It is finished when members are told the results.
Civil Code §5120(b)
- When it's sent
- Within 15 days of the election.
- Who receives it
- All members, by general notice.
- What it must include
- The inspector's tabulated results for each seat or measure, the number of ballots received, and whether quorum was reached. Record the same outcome in the annual meeting minutes.
- If it's missed
- Late or missing results undermine confidence in the count and are an easy point for a member to raise in a challenge.
How each notice has to be delivered
California HOA law uses two delivery standards, and each notice above uses one of them.
Individual delivery
Individual delivery means sending the notice to each member directly: first-class mail, certified or registered mail, express mail, overnight delivery, or email or other electronic delivery for members who have agreed to receive notices that way (Civil Code §4040). The Call for Candidates, the nomination reminder and the ballot package all require individual delivery.
General notice
General notice reaches the membership as a whole: posting in a prominent location in the community, a newsletter, a website posting, or any method your governing documents allow (Civil Code §4045). Members can ask for individual delivery of general notices, and when they do, the association has to honor it. The pre-ballot notice and the results report are general notices.
What happens if a notice is late or missing
A member can challenge an election in court within one year of the election for any violation of the election rules (Civil Code §5145). The court can void the results and order a new election, and it can impose a civil penalty of up to $500 for each violation. The association usually pays both its own legal costs and the cost of running the election again.
That is why notice timing is the part of an election to get right first. Every deadline on this page counts back from a date you choose, so one late date early in the process pushes every later notice out of compliance.
The practical rule is to build the whole schedule before sending anything. The free election timeline calculator works backward from your meeting date, adjusts for weekends and holidays, and gives you the send date for every notice above.
Election notice checklist
- Election rules adopted and current, including candidate qualifications and whether electronic voting is allowed
- Meeting date chosen and the full timeline built backward from it
- Electronic voting and opt-out notice sent at least 30 days before ballots (electronic elections only)
- Call for Candidates sent at least 30 days before the nomination deadline
- Nomination reminder sent 7 to 30 days before the nomination deadline (if acclamation may be used)
- Candidate list confirmed after the nomination deadline
- Pre-ballot general notice sent at least 30 days before ballots go out
- Ballot packages with both envelopes sent at least 30 days before the ballot deadline
- Results reported to members within 15 days of the election
- Copies of every notice and proof of delivery kept with the election records
How generating a notice works
Build your dates in the HOA election timeline calculator, pick the notice you need, and fill in the association-specific fields. The generated Word document is formatted for mailing and uses one notice credit. Statutory background for every notice is on the Civil Code reference page, and step-by-step walkthroughs live in our guides.