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HOA Inspector of Elections Duties

If you found this information to be helpful, please subscribe. Most HOA board members in California know that effective January 1, 2020, community associations can no longer use their management company, their accountant, or their law firm to act as their inspector of elections. Homeowner associations must now utilize an independent inspector of elections for : 1. The election of directors, 2. The recall of directors, 3. Voting for or against amending the CC&Rs or bylaws, 4. Granting exclusive use of part of the common area to a member of the association, 5. Non-emergency special assessments exceeding 5% the budget, and 6. To repeal an operating rule. After reviewing the governing documents of an association, independent inspectors of election generally do the following: A. Prepare all documents including: 1. Nomination Forms 2. Notices 3. Agendas 4. Voting Instructions 5. Ballots B . Mail all documents to the voting members and receive the ballots C. Determine voter eligibility D. Determine when voting is closed E. Hear and rule on any challenges to the voting process by members of the association F. Maintain custody of the ballots, notices, agendas, tabulation records, and other relevant documents G. Attend the meeting when the votes are counted and tabulated, excluding any ballots that are ineligible. H. Certify the results in writing Having more than 22 years of experience as an HOA attorney and having owned a homeowner association management company for more than 33 years , I have lots of experience with community association elections. I regularly provide inspector of election services in Los Angeles County and Ventura County. If you need an independent inspector of elections for your association, I invite you to call me, Michael Chulak at 818-991-9019 or Email: Chulak@MTCLaw.com https://hoainspectorofelections.org/