Inspector of Elections

When an association’s election requires the use of secret ballots by Civil Code Section 5100, an association is required to “select an independent third party or parties as an inspector of elections.” (Civ. Code § 5110(a).) The number of inspectors (s) must either be one (1) or three (3). (Civ. Code § 5110(a).) To maintain the integrity of the election, members of the board of directors, a candidate or someone related to the board of directors, or anyone under contract with the association are prohibited from serving as inspectors. California HOA Elections provides the duties and services listed below, by the Civil Code:

Reviewing all governing documents, including an association’s election rules, bylaws, and CC&Rs.

Determine the number of memberships entitled to vote and the voting power of each.

Prepare a voter list and correct any information within two business days of receiving notice of errors.

Prepare a list of candidates and correct any information within two business days of receiving notice of errors.

Designate a location for mailing ballots or delivery by hand (and provide a receipt if requested).

Deliver ballots with instructions to each member of the association.

Deliver election rules to each member of the association.

Receive ballots from members.

Determine authenticity, validity, and effect of proxies.

Verify member info and signatures on outer envelopes.

Hear and determine challenges and questions.

Determine when the polls close.

Determine the results of the election.

Open ballots and tabulate votes.

Report the results to the board.

Oversee recounts.

Perform acts as may be proper to conduct the election with fairness to all members.

Make records available for and oversee inspection during the time records are in the inspector’s custody.

Keep custody of election materials.

Make records available for legal challenges.