HOA Election Rules in Nevada and California: A Homeowner’s Guide
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Key takeaways
- Both states require secret ballots. Nevada also bars proxies in board elections, and California says a proxy can never replace a ballot.
- Insiders cannot count the votes. California uses independent inspectors. Nevada bars incumbents and candidates from handling ballots before results are announced.
- Counting happens in the open. Owners may watch ballots being opened and counted.
- Candidate rules are limited. The law restricts who can be kept off the ballot and protects your right to campaign.
- Challenges have deadlines. In California, a member who proves the rules were broken can have the result voided, but must sue within a year.
Board elections decide who sets your assessments, enforces the rules and controls the reserves. HOA election rules in Nevada and California exist to keep that process fair, and they are more detailed than most owners realize. They cover who may run, how ballots are sent, who counts them, and what happens when the rules are broken. This guide walks through each step in both states, so you can spot a problem before the results are final.
Why do HOA election rules matter?
In short: because a board elected through a flawed process can be challenged. In California, a court must void the result unless the association proves the violation did not affect it.
Most owners never think about elections until something looks wrong. A candidate is kept off the ballot. The board’s newsletter promotes the incumbents. Ballots are counted in the manager’s office with no one watching.
Each of those can violate HOA election rules. Knowing the rules in advance lets you raise the problem while it can still be fixed, rather than after a new board has taken office.
What are the HOA election rules in Nevada?
In short: secret paper or electronic ballots, at least 15 days to vote, and counting at a meeting. The law also limits who may run and who may touch the ballots.
Most of Nevada’s HOA election rules are in NRS 116.31034. The board must have at least three members, and terms may not exceed three years. Terms are staggered so a similar number of seats is filled each election.
At least 30 days before the ballot is prepared, owners must be told they may nominate themselves. If there are no more nominees than open seats, the board may skip the ballot and seat the nominees, but it must disclose that choice in the nomination notice.
Contested elections use a secret paper or electronic ballot, and owners get at least 15 days to return it. No quorum is required. Proxies may not be used to elect or remove a director under NRS 116.311, and any electronic voting for those elections must be run by an independent third party.
What are the HOA election rules in California?
In short: through written election rules, independent inspectors, a double-envelope secret ballot mailed at least 30 days before the deadline, and a public count.
California’s HOA election rules are in the Davis-Stirling Act, starting at Civil Code §5100. Directors must be elected by secret ballot when their terms expire, and at least once every four years. The same procedure applies to removing directors, certain assessment votes and amendments to the governing documents.
Every association must adopt written election rules under Civil Code §5105. If any candidate gets access to association media during a campaign, all candidates must get equal access. Common area meeting space must also be free for every candidate. The rules cannot be changed less than 90 days before an election.
Under Civil Code §5115, the association gives notice of the nomination deadline at least 30 days ahead. Ballots and two envelopes go to every member at least 30 days before voting closes. The unsigned ballot goes in the inner envelope, and the member signs the outer one.
If the association has adopted rules for it, members may vote by electronic secret ballot instead. Members must be able to switch to a written ballot up to 90 days before the election, and the electronic voting rules may bar floor nominations.
Who can run for the HOA board?
In short: almost any owner. Both states limit the reasons a candidate can be disqualified.
In Nevada, a person cannot run or serve if they are related within the third degree to, married to, or living with another director or officer. The same applies if they stand to profit from a matter before the board, or if they or close family manage the community. Every nominee must disclose potential conflicts and whether they are current on assessments, and those disclosures go out with the ballot.
In California, Civil Code §5105 limits the optional grounds. A nominee must be a member, and may not exceed any term limit. An association may disqualify a nominee who is behind on regular or special assessments, but not for unpaid fines, late charges or collection costs. A nominee who paid under protest or is on a payment plan stays eligible.
Other optional grounds are being a member for less than a year, serving alongside a joint owner, or a past conviction that would block the required insurance. A nominee must also be offered internal dispute resolution before being disqualified. A procedure that stops members from nominating themselves is not reasonable under the statute.
Can the board use HOA resources to campaign?
In short: no. Both states require equal treatment of candidates, and California bars spending association money on board campaigns.
In California, association funds may not be used for campaign purposes in any board election (Civil Code §5135). That includes featuring a candidate’s photo or name prominently in association communications within 30 days of the election, unless equal access is given to other candidates.
In Nevada, NRS 116.31035 requires equal space, on request, for all candidates whenever an official newsletter, website or bulletin board mentions one. The association also may not adopt rules that prohibit or unreasonably interfere with campaigning, though it may limit campaigning to the 90 days before ballots are due (NRS 116.31034). A candidate may ask for a one-page statement sent at the association’s expense, or for a list of unit mailing addresses.
Worried about an upcoming or recent election?
Send us the election rules, the nomination and ballot notices, the candidate statements, and any association newsletter or email that mentions candidates. We can tell you in one conversation whether the process followed HOA election rules, and what to raise before the votes are counted.
How must ballots be counted?
In short: in public, by people who are not running and not on the board.
In California, the association uses one or three independent inspectors of elections (Civil Code §5110). An inspector may not be a director, a candidate, a relative of either, or anyone paid by the association for other services. Inspectors receive the ballots, rule on challenges and count the votes.
The count happens at a properly noticed open meeting, and any member may watch (Civil Code §5120). The board must announce the results to members within 15 days. Inspectors keep the ballots and envelopes until the time to challenge the election has passed (Civil Code §5125).
In Nevada, paper ballots are opened and counted at a meeting of the association, and electronic results are announced there. Incumbent directors and candidates may not open, count or access ballots before the results are announced. When electronic voting is used, NRS 116.311 adds that paper ballots must be counted where owners can readily observe them, not privately behind closed doors.
How do you challenge a vote that broke HOA election rules?
In short: document the problem, request the election records, use the required dispute steps, and act within the deadline.
Start with evidence. Keep the nomination notice, ballot packet, election rules, newsletters and emails, and write down what you saw at the count.
Then request the records. In California, inspectors must make ballots and tally sheets available for review in a challenge. See our guides to the California HOA records request and HOA records requests in Nevada.
California gives members a direct remedy. Under Civil Code §5145, a member may sue within one year after the inspectors report the results, or after the claim accrues if later. If the member shows the procedures were not followed, the court must void the results unless the association proves the outcome was unaffected.
A winning member recovers attorney’s fees and costs, and the court may add a civil penalty of up to $500 per violation. The case can be filed in small claims court if the amount fits.
In Nevada, an owner can file an intervention affidavit with the Real Estate Division after giving the board written notice. The Ombudsman tries to resolve it first. Our guide to the Nevada Ombudsman complaint process covers the forms.
Not every mistake changes the outcome, so focus on the violations that affected who was elected. A missing candidate, a closed count or a stacked newsletter usually matter more than a typo in a notice.
Can homeowners remove a board member?
In short: yes, through a removal election that follows the same secret ballot protections.
In Nevada, any director other than a developer appointee can be removed with or without cause. The votes for removal must equal at least 35 percent of all voting members and a majority of the votes cast, by secret ballot (NRS 116.31036).
In California, removal of directors is one of the votes that must use the secret ballot procedure in Civil Code §5100. Recall elections also carry the same notice rules as director elections under §5115.
Boards that run elections can avoid most disputes by following the statute step by step. Our HOA election administration page explains how we help boards do that.
Ready to Protect Your Rights?
Whether you are an owner who believes an election was mishandled, or a board that wants its next election to hold up, we can help. We will review the rules, notices and records and tell you where you stand. Schedule your free consultation and speak directly with a Nevada and California HOA attorney.
Frequently asked questions
Yes, in both states. California requires a double-envelope secret ballot or an electronic secret ballot for director elections (Civil Code §§5100, 5115). Nevada requires a secret paper or electronic ballot for contested director elections (NRS 116.31034).
Not in Nevada, where NRS 116.311 bars proxies in the election or removal of directors. In California, proxies are allowed only if the bylaws permit them, and a proxy cannot be used in place of a ballot (Civil Code §5130).
In California, one or three independent inspectors who are not directors, candidates or their relatives. In Nevada, ballots are opened and counted at a meeting, and incumbents and candidates may not handle them before results are announced.
In California, only for unpaid regular or special assessments, and not if you paid under protest or are on a payment plan. Unpaid fines are not a valid reason. In Nevada, candidates must disclose whether they are current on assessments, and the statute lists other disqualifications.
One year from when the results are announced, or from when the claim accrues if later (Civil Code §5145). A prevailing member recovers attorney’s fees and costs.
Both states allow seating uncontested candidates without a ballot under set conditions. In Nevada, the board must disclose this in the nomination notice (NRS 116.31034). In California, the association must meet the notice and timing steps in Civil Code §5103.
Conclusion
A Nevada HOA short-term rental is legal only when three things line up: governing documents that allow it, a board that has approved it, and a local license. Miss any one and the association has the stronger hand for stays under 30 days. The balance shifts for ordinary leases, which Nevada protects, and for owners who held title before a new restriction was recorded. Read the recorded documents, get the board’s position in writing, and check the dates before you take a booking or sign a purchase contract. It is far cheaper to learn the answer from the declaration than from a hearing notice.
HOA election rules in Nevada and California share the same goals: secret ballots, independent counting, open access for candidates, and a real remedy when the process breaks down. The details differ, from California’s inspectors and one-year deadline to Nevada’s 35 percent removal rule.
Read your association’s election rules before nominations open. Keep every notice, and attend the count. If something goes wrong, request the records and act quickly, because the deadlines are short.
Disclaimer: This article provides general information about Nevada and California HOA law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts and the association’s governing documents.
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