Civil Code Elections
Elections by Secret Ballot
Chapter 6 · Association Governance · Member Election
Text current as of 2026-07-07 · Last amended by AB 502, eff. 2022-01-01
The code says CIV §5100
(a) (1) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article.
(2) An association shall hold an election for a seat on the board of directors in accordance with the procedures set forth in this article at the expiration of the corresponding director’s term and at least once every four years.
(b) This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article.
(c) The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents.
(d) The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives.
(e) In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail.
(f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director.
(Amended by Stats. 2021, Ch. 517, Sec. 1. (AB 502) Effective January 1, 2022.)
In plain English
Editorial summary — not the statute’s text.
Board elections and several other votes must use a double-envelope secret ballot process — you can’t just take a show of hands.
What this means for you
Editorial summary — not the statute’s text.
- Use the secret double-envelope procedure for covered votes.
- Adopt election operating rules well before the election.
- Appoint an independent inspector of elections.
Where this sits in the process
Editorial summaries — not the statute’s text.
Running a member election
After: §5105 — A secret-ballot election under §5100 runs on adopted election operating rules that are locked in ahead of the vote: the rules cannot be amended less than 90 days before an election.
rules settled ≥90 days before the election
How courts have read this
Editorial summaries — not the court’s words.
- Wittenburg v. Beachwalk Homeowners Ass'n 217 Cal.App.4th 654 · 2013 Equal access to association media is required in contested elections.
- Mission Shores Assn. v. Pheil 166 Cal. App. 4th 789 · 2008 Courts may lower the vote threshold to amend CC&Rs.
- Artus v. Gramercy Towers Condo. Ass'n 19 Cal. App. 5th 923 · 2018 Winning a preliminary injunction doesn’t make you the prevailing party for fees.
mentioned in passing
Every decision listed was decided before the current text (eff. 2022-01-01, AB 502).