How do I challenge an HOA board election?
Reviewed by the OurHOA team · Updated June 2026
Valid grounds to contest an HOA board election, the secret-ballot and inspector-of-elections rules that protect it, and the steps - records request, internal dispute resolution, and court - to challenge the result.
When an election can actually be challenged
Losing isn't a ground - a flawed process is. Elections get challenged when the procedure was violated in a way that could have affected the outcome: ballots counted (or rejected) improperly, owners not given required notice, the secret ballot compromised, ineligible people voting or running, the board controlling the count instead of a neutral inspector, or the result not matching the ballots. The question a court or neutral asks is whether the association followed its own documents and the statutory election rules, not whether you'd have preferred a different winner. Start by being specific about which rule was broken and how it could have changed the result.
The secret-ballot rules that protect the vote
Many states require HOA director elections to run by secret ballot under a defined procedure, and breaking that procedure is the most common basis for a challenge. California's Davis-Stirling Act is the detailed model: Civil Code sections 5100 through 5145 require a secret double-envelope ballot, an independent inspector of elections (section 5110) who is not a board member or candidate, sealed ballots opened and counted in public at the meeting, and ballots preserved as association records for at least a year. If your state has rules like these and the board ran the count itself, hid the ballots, or skipped the inspector, that's a procedural defect worth raising. Even outside California, check your bylaws and state statute for the equivalent requirements.
Gather the records first
Before you accuse anyone, get the evidence. You generally have a right to inspect election materials - the ballots, the voter list, signed envelopes, proxies, and the inspector's report - as association records, often with names available for a limited window after the election. Our guide on how to request HOA records explains how to make the request in writing and what they can and can't redact. Compare the certified result against the actual ballots and the eligibility list. A challenge backed by the records ('the count shows 47 valid ballots but the result was certified on 52') is far stronger than a general complaint that something felt off.
Use internal dispute resolution before court
Most states want owners and associations to try to resolve disputes before litigation. Raise the problem with the board in writing, ask for a recount or a re-vote if the defect is clear, and invoke your association's internal dispute resolution. California, for instance, requires the association to offer a meet-and-confer process (Civil Code section 5900 and following) and alternative dispute resolution before many lawsuits. Our guide on HOA dispute resolution, mediation, and arbitration walks through these steps. Many election disputes are fixed this way - a careless count gets recounted, or a board agrees to rerun a defective election - without anyone going to court.
Going to court
If the defect is real and the board won't fix it, statutes in some states let a member sue to challenge the election. Under California Civil Code section 5145 a member may file in small claims or superior court; if the court finds the election procedures were violated, it can void the results, and a prevailing member may recover reasonable costs and attorney fees - but there's a tight deadline (generally one year from when the cause of action accrued), so don't sit on it. Weigh the cost and the strength of your evidence honestly before filing; our guide on whether you can sue your HOA covers the business-judgment rule and the prerequisites courts expect you to have met first.
How OurHOA helps
Most election disputes trace back to a count nobody could verify. OurHOA helps small self-managed communities run cleaner elections - posting notice on time, collecting ballots and proxies, and keeping the voter list, results, and meeting minutes in one place - so the outcome is documented and easy to audit. Good records won't decide a contested seat, but they make it far harder for an election to be run in a way that invites a challenge in the first place.
OurHOA is the friendly, affordable way self-managed communities keep dues, records, and reminders in one place. See how it works.
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.