When a homeowner association (HOA) election in California requires the use of secret ballots, the association has to select an inspector of elections who will oversee the process and ensure it’s fair to all members. The association can hire one or three inspectors to do the job, according to the California Civil Code, with each having similar responsibilities.
Let’s explore what inspectors of elections do and why they are crucial to a fair and transparent HOA election process.
An inspector of elections is a third party that oversees an HOA’s election process. It can include a California Board of Accountancy (CBA) licensee, a volunteer poll worker, a notary public, or a member of an association.
Moreover, according to Civil Code §5110 (B), an inspector of elections cannot be a board member, related to a board member, or eligible for board membership. They also can’t be a person or business entity under contract with the HOA.
Election rules identify the methods for selecting inspectors of election. They include the following:
An appointment happens when the HOA’s board of directors selects an inspector. It is done through a board meeting or resolution and used by most associations to select an inspector of elections.
Board appointments enable board members to choose an inspector who is impartial and experienced in conducting elections. However, third parties may think the appointed inspector is being influenced by the board member and is, therefore, not independent.
An inspector can also be elected by the members of the HOA through a nomination and election process. Typically, homeowners submit nominations for the inspector of elections and vote to elect an inspector.
This method helps associations ensure the election process is fair and transparent while allowing homeowners to have a say in the selection. However, it can also lead to conflicts and disputes when and if members disagree with each other.
Some associations may hire a third-party inspector who is independent of the HOA and has experience managing HOA elections. They could also choose to go for a voluntary poll worker or a notary public.
By hiring an inspector with no affiliations to the HOA, the association reduces the risk that there won’t be any disagreements about the inspector candidate.
An organization may use an electronic voting process that includes the ability to observe the ballot process for certain kinds of votes. The inspector of elections then oversees the ballot and election process. However, the voting process must comply with the legal requirements contained in the Civil Code. and in California, the Davis-Stirling Act (California Civil Code Section 5100) requires that a paper double envelope system, as outlined in Section 5115 paragraph (c), is used for the following election types:
An inspector of elections can and frequently does appoint people to count and tabulate votes and verify signatures.
However, these people must not be related to board members or candidates for board elections, live in the households of board members, or be employed by the HOA in any business capacity.
An inspector of elections must ensure a neutral and unbiased election process while protecting the interests of all members of the HOA. According to Civil Code §5110 (C), they can ensure that by performing the following inspector of elections duties:
Inspectors of elections must follow specific rules to ensure a fair election process. They need to:
Candidate and voter lists, signed voter envelopes, and sealed ballots must be in the custody of the inspector of elections or placed in a location only he or she knows about.
Inspectors should keep these documents until the votes have been tabulated and the time given by Civil Code 5145 for challenging the election (one year) has passed.
Once the challenge period has expired, the inspector must give the election-related documents to the HOA, according to Civil Code 5125.
According to Civil Code §5105 (A)(7), if the HOA or an association member reports a discrepancy or error on the candidate or voter lists, the inspector of elections must make the correction within two business days.
In California, the law spells out specific responsibilities and requirements for anyone who serves as an inspector of elections for an HOA of a California community. If your community uses secret ballots as part of its election process, make sure you understand the rules and retain the services of an inspector of elections before the election process starts.
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