California's election rules are among the strictest in the nation, and that's by design — they exist to stop boards from controlling their own re-election. Director elections must use a secret double-envelope ballot, overseen by an independent inspector of elections who is not a board member or under the board's control. The association must adopt election operating rules, give proper notice, and let candidates have equal access to communications. Cutting corners on any of this can invalidate an election.
The Open Meeting Act layer is just as important day-to-day. Members may attend board meetings, the board generally can't act on association business outside a meeting, and members must get an open forum to speak. Emergency and executive sessions are limited to defined topics. Together, the election and open-meeting rules are the machinery owners use to hold a board accountable.
Recalling the board
When owners want directors gone, California lets members call a special meeting to remove directors before their terms end. Removal generally requires a member vote, and because director elections (including recalls) run by secret ballot with an inspector, the recall has to follow the same balloting machinery. Getting the petition, notice, quorum, and inspector steps right is what makes a recall stick — defects are the usual reason they fail.
The statutes behind this
Cited by name as authority, for your own reading — informational only, not legal advice.
Cal. Civ. Code § 5100
Requires director elections (and many member votes) by secret ballot using a double-envelope procedure.
Cal. Civ. Code § 5110
Requires an independent inspector of elections to oversee balloting and the count.
Cal. Civ. Code § 4900 et seq.
The Open Meeting Act: members may attend board meetings, board action generally must occur at a meeting, and an open forum is required.
How to recall an HOA board in California
The petition-and-secret-ballot path to remove directors under Davis-Stirling.
Read your bylaws and the statute together
Find your bylaws' removal threshold and combine it with Davis-Stirling's secret-ballot and inspector requirements. Both must be satisfied.
Petition for a special meeting
Gather the required member signatures to demand a special meeting to remove directors. Bylaws set the petition percentage and timing.
Insist on an independent inspector
The removal vote must run by secret double-envelope ballot overseen by an independent inspector of elections — not the sitting board.
Notice everything properly
Send statutory pre-ballot and meeting notices on time. Improper notice is the most common way a recall gets thrown out.
Line up successors
Have replacement candidates ready so the association isn't left without a quorum of directors after a successful recall.
Common questions
Does California require secret-ballot HOA elections?
Yes. Cal. Civ. Code § 5100 requires director elections (and many member votes) to use a secret double-envelope ballot, and § 5110 requires an independent inspector of elections to oversee the count.
Can I attend my HOA's board meetings?
Yes. Under the Open Meeting Act (Cal. Civ. Code § 4900 et seq.), members may attend board meetings, the board generally can't conduct business outside a meeting, and members get an open forum to speak.
How do we recall the board in California?
Members petition for a special meeting to remove directors, and the removal vote runs by secret ballot overseen by an independent inspector — the same machinery as a regular election. Bylaws set the petition and vote thresholds.
Can the board approve things by email?
Generally no. The Open Meeting Act requires the board to act at a noticed meeting, not through email votes, with narrow exceptions. Business conducted to evade the meeting requirement is vulnerable.