Arroyo v. Pacific Ridge: Recall Ballots and Equal Access

Quick Answer

On November 4, 2025, the Fourth District Court of Appeal decided Arroyo v. Pacific Ridge Neighborhood Homeowners Association and held that "association media" in Civil Code section 5105 includes ballot materials containing candidate statements that an association distributes during an election. A director facing a recall was therefore entitled to equal access to those materials to argue her position. The court reversed and sent the case back to decide whether the lack of equal access affected the outcome under Civil Code section 5145.

Facts

A director was the subject of a recall election. She wrote a statement opposing the recall and asked the inspector of elections to include it in the ballot mailing. The inspector refused because she was not a candidate in the election. She sued the association and the inspector.

What the Court Held

• Ballot mailings are association media. The court read the term broadly enough to cover the ballot materials the association sends to all members.
• Equal access. Because the association distributed the recall notice and candidate statements to every member, the director had a right to equal access to advocate her view on a matter reasonably related to the recall election.
• Remedy on remand. The trial court must decide whether the access failure affected the election's outcome under section 5145.
• Recall vote counting. According to Adams Stirling PLC, the court noted that the Corporations Code language on votes needed to block a recall is poorly worded and asked the Legislature for clarity, without squarely resolving the question.

Why It Matters

Election rules, not just board practice, must give equal access to association media for members, candidates and, after this case, those advocating on recall questions. Inspectors of elections who refuse a statement because the person is "not a candidate" risk invalidating the election.

Board Checklist

• Review your election rules for the equal-access provisions required by section 5105.
• Brief your inspector of elections in writing before any recall or special election.
• Give both sides of a recall the same access to ballot mailings, newsletters, websites and meeting time.
• Keep records of every request and response.
• Have counsel review recall procedures before starting one.

See our California HOA election guide and the 2025 law changes on electronic voting.

How APM Helps

APM coordinates election timelines and communications and works with independent inspectors of elections. See our California resources or contact us.

Source: Arroyo v. Pacific Ridge Neighborhood Homeowners Association (Cal. Ct. App., 4th Dist., Div. 1, Nov. 4, 2025), as summarized by Adams Stirling PLC and Epsten APC.

This article is general information, not legal advice. Court summaries are based on the published opinion and law-firm case summaries; read the opinion and consult your association's attorney before relying on it. Last verified October 24, 2026.