A significant change is coming for Homeowners Associations (HOAs) in 2025 with the implementation of AB 2159. This new law introduces the option for HOAs to use electronic voting for electing or removing directors or amending governing documents. However, electronic voting remains prohibited for other purposes, such as authorizing special assessments.
Key Changes Under AB 2159
To enable electronic voting, HOAs must first amend their election regulations. These amendments must give homeowners the choice to opt in or out of electronic voting. For HOAs planning to implement electronic voting in their 2025 elections, the updated rules must be finalized at least 90 days before the election, as mandated by Civil Code section 5105(h).
For those who prefer traditional voting methods, paper ballots will still be available. HOAs are required to prepare, distribute, and count these ballots for homeowners who opt out of electronic voting or choose not to participate.
Additionally, the new rule allows residents to change their voting preferences, but they must notify the HOA of their decision at least 90 days prior to the election.
Floor Nominations and Other Considerations
One notable implication of AB 2159 is that HOAs adopting electronic voting may choose to eliminate floor nominations for candidates. This is a shift from traditional election practices. However, HOAs that continue with only paper-based voting may still allow floor nominations.
Preparing for the Transition
This new law empowers HOAs with greater flexibility in conducting elections while ensuring homeowners retain the right to participate in their preferred voting method. However, the transition requires careful planning and adherence to the updated Civil Code sections 4105 and 5116.
Ask an Estate Planning Attorney Today
If you need assistance navigating these changes or have any estate planning concerns, we’re here to help. Visit Hudack Law Estate Planning Attorney to learn more about our trusted services in California, Utah, and Arizona. Call us toll-free at (877) 314-4309 or visit our website to schedule a consultation. Let us help you plan with confidence!