Many people reside in HOA (Homeowner Associations) and get a wide array of amenities. An HOA board ensures the progress of the community and tries to fix all the issues that residents may have. One of the key events every year is the HOA elections when the new board is elected.
HOA Inspector Of Elections California
An HOA Inspector of Elections is a professional and experienced inspector that a third-party company will send to perform neutral and fair election of board members of the HOA community.
Why HOA board needs to hire an Election Inspector
The election inspector is hired to perform numerous tasks and duties and ensure that the yearly HOA elections occur according to the given HOA rules and guidelines. The election inspector must ensure neutrality and provide an equal chance to all the candidates to be elected to the HOA board of directors.
An HOA community may employ an independent HOA inspector of elections California under a contract, which does not violate the ‘independent’ status as given in the California Civil Code 5110. Some of the important rules mentioned in the Civil Code of 5110 that says that the election inspector
- Must not be an employee of the HOA
- Can be a poll worker
- Must have a license from the California Board of Accountancy (CBA)
- Must not be a member of the current HOA board and must also not be related to any current board members or the candidates
- Can be a notary public
Certain third-party companies provide independent and neutral election inspectors to numerous HOA communities in the country. The election inspector is employed to prepare ballots, collect votes on election day, and announce results.
The HOA can employ an election inspector as long as the association does not currently employ him to manage other HOA tasks. The HOA may not hire an election inspector who is
- Members of the HOA board of directors
- A candidate who is running to become a member of the HOA board
- Related to the current board members or candidate
- Employed by the HOA and is under a contract
What Duties does an HOA Election Inspector Perform?
The California Civil Code of 5110 states numerous tasks that an election inspector must perform to ensure that an honest and free election is organized and held. An HOA must employ the election inspector a few months early to handle the tasks efficiently and effectively. The duties of the election inspector include
- Planning all the events leading up to election day
- Displaying notices to let the residents know about the upcoming HOA elections
- Sending emails to receive nominations from residents and members of the HOA
- Receiving and authenticating nominations of the candidates
- Determining the number of members who can vote and the authority they have when it comes to voting
- Knowing about any proxies and if the vote is accounted for and valid
- Hearing all the concerns of the members regarding their right to vote
- Keeping in mind the challenges that may arise on the voting day
- Determining the start and end time of the voting process and making sure that the time is consistent with the HOA rules and guidelines
- Managing any issues that may arise before or during the voting process
- Collecting and securing the ballots
- Counting the votes and announcing results
- Tabulating and publishing the election results
- Efficiently addressing any complaints from the candidates or members regarding the fairness of the election process
Apart from managing all the rules, the goal of the HOA inspector of elections in California is to ensure that all the candidates get a fair chance to win and get elected in the HOA board of directors. The election inspector must also ensure that HOA members know about their voting rights and maintain the integrity of the vote.
One vital task of the election inspector is to ensure the neutrality and fairness of the entire election process. The residents and HOA members must be satisfied that the candidates they voted for are the ones who get elected.
HOA election inspectors must ensure that there is foul play or influence that can impact the voting process or election results. The ballots must be secured once the voting ends, and the election inspector will make a final announcement after all the votes are tallied and counted.
The election inspector also tries to handle all the disputes of the HOA members and residents in an effective way and prevent the mistakes from happening.
The Various Aspects that HOA must consider for Seamless Elections
Most of the HOA elections take place from January to the end of March. The HOA election is a process similar to every democratic election where a candidate has to file for his/her nomination, and voters will decide he/she gets elected or not.
The primary task for HOA is to maintain the integrity and ensure that the election takes place according to the rules defined in CC&R (Declaration of Covenants, Conditions, and Restrictions). Successful and free HOA elections are possible if few aspects are considered and performed by the HOA and the election inspector.
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Studying the Governing Documents
The HOA board and election inspector must ensure that the election takes place according to the governing documents. The terms ensure that there is clarity and the election process is valid. The election rules mentioned in the governing documents are
- How many votes are required from the HOA members to fulfil the quorum
- How many votes are required to announce the winner of the future HOA board
- How many days prior does the community has to be informed about the HOA elections
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Doing all the preparations
There are many things that the election inspector has to prepare in advance before the election day. The first task is to send notification of the HOA elections so that HOA members can send in their nominations for the HOA board of directors.
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Determining who can vote
One of the essential tasks of election inspector is to determine which HOA community members can become a candidate or vote on election day. The election inspector can determine the ineligible voters who show up at the election event and may complicate the election process.
The HOA rules defined in the governing documents may vary from one association to the other. Due to advancements in technology, an election inspector may also look to incorporate electronic voting.
Conclusion | HOA Inspector Of Elections California
The HOA elections take place every year in the annual meeting. An independent third-party election inspector is employed to ensure a free and fair voting process to elect the new HOA board of directors. The association may form particular plans that may help the election inspector to perform the tasks effectively.