Civil Code Elections
Vote Counting and Tabulation
Chapter 6 · Association Governance · Member Election
Text current as of 2026-07-07 · Last amended by AB 2159, eff. 2025-01-01
The code says CIV §5120
(a) All votes shall be counted and tabulated by the inspector or inspectors of elections, or the designee of the inspector or inspectors of elections, in public at a properly noticed open meeting of the board or members. Any candidate or other member of the association may witness the counting and tabulation of the votes. A person, including a member of the association or an employee of the management company, shall not open or otherwise review any ballot before the time and place at which the ballots are counted and tabulated. The inspector or inspectors of elections, or the designee of the inspector or inspectors of elections, may verify the member’s information and signature on the outer envelope prior to the meeting at which ballots are tabulated. Once a secret ballot is received by the inspector or inspectors of elections, it shall be irrevocable.
(b) The tabulated results of the election shall be promptly reported to the board and shall be recorded in the minutes of the next meeting of the board and shall be available for review by members of the association. Within 15 days of the election, the board shall give general notice pursuant to Section 4045 of the tabulated results of the election.
(c) A person, including a member of the association or an employee of the management company, shall not open or otherwise review any tally sheet of votes cast by electronic secret ballots before the time and place at which the ballots are counted and tabulated.
(Amended by Stats. 2024, Ch. 383, Sec. 4. (AB 2159) Effective January 1, 2025.)
Where this sits in the process
Editorial summaries — not the statute’s text.
Running a member election
Before: §5115 — Returned ballots stay sealed until the public count: no one may open or review a ballot before the meeting at which votes are counted and tabulated.
results reported to members within 15 days of the election
How courts have read this
No case law is mapped to this section yet. As decisions are added, they’ll appear here.