Why Following California Civil Code §5110 Matters: The Role of the Inspector of Elections in HOA Elections

When it comes to Homeowners Association (HOA) elections in California, transparency, fairness, and integrity are not just best practices—they are the law. California Civil Code §5110 sets forth clear requirements for how HOA elections must be handled, specifically detailing the role and responsibilities of the Inspector of Elections. Unfortunately, many associations and even some management companies continue to process elections in-house or allow board members and homeowners to open ballots, putting themselves squarely in violation of the law.

What Does California Civil Code §5110 Require?

Under Civil Code §5110, HOAs are required to appoint an independent third party—or parties—as the Inspector(s) of Elections. This person or group is responsible for overseeing the entire election process, which includes:

• Receiving and verifying ballots.

• Counting and tabulating the votes.

• Ensuring the secrecy and integrity of the process.

• Confirming quorum requirements are met.

• Reporting the results of the election.

Importantly, this Inspector cannot be a member of the Board, a candidate for election, or related to a candidate. The Code explicitly states that the Inspector must be neutral and independent to protect the credibility of the election.

Common Violations of §5110

Despite the clarity of the law, we still see associations and management companies:

• Opening ballots themselves.

• Allowing the Board or homeowners to “assist” in the ballot count.

• Failing to appoint an independent Inspector at all.

• Handling ballots without proper security or chain of custody protocols.

These actions are not just unethical—they are illegal under California Civil Code.

Consequences of Non-Compliance

Violating Civil Code §5110 can lead to serious repercussions, including:

• Legal challenges to the election results.

• Court-ordered nullification of the election.

• Loss of community trust and internal disputes.

• Monetary penalties and attorney fees if the Association is sued and found in violation.

In short, any HOA that mishandles its election procedures opens itself up to liability, reputational damage, and significant financial risk.

Why This Law Exists

The goal of Civil Code §5110 is to ensure democratic governance within common interest developments. By requiring a neutral party to oversee elections, the law aims to protect homeowners from undue influence, conflicts of interest, or procedural errors that could compromise the legitimacy of the board.

What Should Your Association Be Doing?

If your HOA or management company is still facilitating elections in-house, now is the time to stop and correct course. Associations should:

1. Retain an experienced, qualified Inspector of Elections—ideally a certified third-party provider.

2. Ensure election procedures follow the Civil Code from start to finish.

3. Educate the Board and homeowners on why these steps are necessary for fair governance.

   
   

Final Thoughts

California Civil Code §5110 is not a suggestion—it’s a mandate. Associations that attempt to cut corners, save money, or rush through election procedures without an independent Inspector are gambling with their legal standing and community trust. Don’t let your HOA fall into this trap. Protect your community, your board’s credibility, and your budget by complying fully with the law.

If you need help selecting a qualified Inspector of Elections or reviewing your HOA’s election procedures, reach out—ensuring a compliant and transparent election is one of the most important responsibilities your Board will undertake.

Let me know if you'd like to add your business contact info, branding, or tailor this for a specific community or audience.