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1. Adopt the Necessary Election Rules:
   • Amend Election Rules: Your HOA must first amend its Election Rules to specifically allow for electronic voting. This means you will need to consult with a legal advisor to draft or modify rules that are compliant with the new law and tailored to your HOA’s needs.
   • Adopt the Rules 90 Days in Advance: Once these rules are ready, they must be formally adopted at least 90 days before any election that plans to use electronic voting.
   • Review Electronic Voting Regulations: Ensure that you are familiar with the detailed electronic voting regulations, which are available through the state. These regulations define the process, security requirements, and other considerations to comply with the law.
2. Address HOA Members’ Concerns:
   • Clarify When Electronic Voting Will Happen: HOA members should be reassured that electronic voting will only take place once the HOA adopts the necessary rules. This helps prevent misunderstandings.
   • Opt-out Option: Members should be informed that they will have the option to opt out of electronic voting and continue using paper ballots if they prefer.
   • Ensure Accurate Contact Information: Members interested in participating in electronic voting should ensure that their current email addresses are on file with the HOA, so they receive the necessary voting instructions.

By taking these steps, your HOA will be well-positioned to implement electronic voting smoothly and ensure that the process is transparent and accessible to all members.

Record Keeping: As your HOA prepares for electronic voting under the new law, it is important to ensure that the association’s record-keeping system is up to the task. Here are key actions to take to keep organized HOA records:

1. Track Voting Method (Electronic vs. Paper):
   • Maintain Accurate Lists: Your HOA must keep track of which homeowners vote electronically and which vote via paper ballots. This means organizing records to clearly differentiate between these groups.
   • Record Email Addresses for Electronic Voters: For those who choose electronic voting, the HOA must retain a record of their email addresses. This ensures that you can send voting instructions and verify participation.
2. Verify Contact Information:
   • Request Information Updates: Send a letter or communication to all members requesting that they verify or update their contact information, including email addresses. This will help ensure that everyone who wishes to participate electronically can do so smoothly.
   • Clear Communication: Emphasize that accurate contact details are critical for those who want to vote electronically. This will help avoid any confusion or missed ballots.
3. Designate Record-Keeping Responsibilities:
   • Assign Responsibility: If there is uncertainty about who should manage these new responsibilities, the HOA board should assign a specific person (such as the Board Secretary) to maintain these essential records. AIE can provide this service for your association.
   • Ensure Accountability: The designated individual should keep thorough, organized records of who is voting electronically, their email addresses, and who opts for paper ballots. It’s vital for transparency and to comply with legal requirements.

By implementing these steps, your HOA can stay compliant with the new electronic voting regulations and ensure a smooth voting process for all members.

Annual Disclosure:
To comply with California’s new electronic voting law under Assembly Bill 2159 (AB 2159), it is important for HOAs to modify their Annual Disclosure and Policy Statement. This will inform homeowners about how they can change their preferred voting method (from electronic to paper ballot or vice versa) and outline the relevant deadlines. Here’s a suggested approach for modifying the statement:

Suggested Modifications to the Annual Disclosure and Policy Statement:

1. Add a New Section on Voting Method Changes:
   • Voting Method Change Information: Include a clear paragraph explaining how homeowners can switch their voting method between electronic and paper ballots. This paragraph should include the following details:
     • Homeowners can change their voting preference up to 90 days before an election.
     • Provide instructions on how they can opt out of electronic voting and return to paper ballots, or opt into electronic voting if they prefer that method.
     • Specify the deadline for making this change (i.e., 90 days before the election).
2. Clarify the Process:
   • For Electronic Voting: If a homeowner wants to opt into electronic voting, they must ensure that their email address is on file with the HOA and that they consent to receive their ballot electronically.
   • For Paper Voting: If a homeowner prefers to receive a paper ballot, they must opt out of electronic voting, which can be done through written communication or online forms, as directed by the HOA.
3. Outline the Required Information:
   • Voting Preferences List: The HOA will maintain a list of homeowners who will vote electronically and those who will vote by paper ballot. This list will be updated and maintained according to member preferences.
   • Individual Notices: Specify that the HOA will send a 30-day notice before the election with details on how to access the electronic voting system or how to request a paper ballot.
4. Address Email Address Requirements:
   • Include a statement informing homeowners that in order to vote electronically, they must provide a valid email address to the HOA. If the HOA does not have an email address for a homeowner, they will receive a paper ballot instead.

Why This Is Important:

• Complying with AB 2159: The new law requires associations to give homeowners the ability to opt in or out of electronic voting by a specific deadline, so modifying your Annual Statement is an essential part of compliance.
• Transparency: Clear communication helps ensure that homeowners are aware of their voting options, can make changes as needed, and meet the deadlines to cast their vote.
• Record-Keeping: Properly updating the HOA’s voting lists and contact information will ensure accurate and organized records for the elections.

By adding this information to the Annual Disclosure and Policy Statement, your HOA will meet the legal requirements of AB 2159 and ensure that homeowners are fully informed about their voting choices well in advance of any elections.