Record keeping best practices for HOA elections include maintaining documentation on eligible voters, voting records, and results of past elections. These help HOAs avoid legal challenges and keep them safe from costly governmental investigations.
California HOA elections have recently been allowed to take place online, thanks to the Davis-Stirling Amendment of 2024. With this law, online elections are allowed so long as the organization follows strict confidentiality laws and retains an independent inspector of elections from an unaffiliated third party.
Regular audits of voter logs are an important part of HOA elections. In any given year, a number of people may have moved into or out of an HOA’s jurisdiction. Those leaving must be removed from the voter logs, and those coming in must be added in accordance with the law. The timely examination of these logs before conducting an election is essential to holding a free and fair vote that does not disadvantage legitimate voters.
Records like meeting minutes related to choosing candidates and scheduling elections must also be maintained. Should any disputes arise after an election, these records will be critical in determining if the proper procedures were followed.
Designating a record keeper is also necessary. Only authorized individuals or independent election inspectors should have access to these records. Any unauthorized party that has access can use this information to manipulate votes and records.
Therefore, the chain of custody and security are a paramount responsibility of the record keeper. This ensures the organization does not run afoul of confidentiality laws for homeowner voting.
Vote recording is the most important aspect of election record-keeping. Records should be kept confidential from prying eyes to maintain voter anonymity. Simultaneously, voters need to be provided with verifiable receipts of how they voted, and should keep these receipts secure.
While voting irregularities are rare, should one occur, proper record keeping is the best way to root out any attempt to change the outcome of a vote. With the help of the independent inspector of elections, the data is held securely and away from the eyes of the organization.
Organizations cannot know how a particular constituent voted on an issue, as this could lead to voter intimidation and retaliation. Therefore, even the vote tallies themselves are held secret until the election is complete.
Each state has its own laws regarding how long records must be kept. Periods typically range from three to seven years. Whether it’s a digital or paper record, HOAs must ensure accessibility for auditors and keep these records secure. Failing to do so can cause expensive legal headaches if the information cannot be produced when requested by regulators or concerned voters.
ElectionBuddy provides online voting services for many organizations across America. All records are kept securely encrypted and can only be accessed by authorized persons.
Independent election inspectors employed by ElectionBuddy are provided with an audit checklist for HOA voting procedures. These checklists assist inspectors in following proper record keeping protocols and allow for transparent and rapid results auditing. Any irregularities can be identified quickly and rectified by the HOA to keep the vote free and fair.
With ElectionBuddy’s help, organizations can rest easy knowing their election data is stored securely and meets state and federal record-keeping regulations. By moving data online, HOAs can save valuable time and money and make sure elections are held quickly and audited fairly.