California homeowners’ associations are usually required by state law to follow strict procedures when it involves elections and secret ballots. They need to make sure everything goes smoothly. To help with that, your community will need a qualified HOA inspector of elections.
What is an HOA Inspector of Elections?
Your association’s inspector of elections is a neutral representative who is selected to oversee the HOA’s elections. According to California’s Davis-Stirling Act, associations in the state must choose one or three independent inspectors for the election.
What Does an HOA Inspector of Elections Do?
The role of an elections inspector is to protect the integrity of your HOA’s election process. This role usually involves the following responsibilities:
Verifies Voting Eligibility
The HOA election inspector can verify who is eligible and entitled to vote in the election. This role usually entails reviewing the association’s list of members and their status. It also involves reviewing the HOA’s election policies to see who can vote.
Has Ballot Custody
The inspector has the authority to receive ballots directly from voting residents. They may also determine where these should be kept prior to the official count.
Monitors Vote Count
The HOA inspector of elections is also responsible for overseeing the vote count. For secret ballot elections, they must ensure that the count takes place during the proper open meeting.
Determines Election Result
Following the count, inspectors can determine the official election result. Additionally, they may also prepare a written report for the HOA to refer to.
Answers Member Questions
If residents have questions or need clarification regarding the process, HOA election inspectors are available to answer them.
Who Qualifies as an Independent Inspector?
In California, several types of neutral third parties are allowed to serve as election inspectors for the HOA. Their top characteristic should be neutrality. However, any one of these may qualify to be an election inspector:
- Volunteer poll workers with the county registrar of voters
- A person who has a license from the California Board of Accountancy, which may include a CPA
- A notary public without conflict with the HOA
- A professional election company.
Who is Disqualified?
A person is disqualified from serving as an HOA inspector of elections if their relationship with the association could influence the results. Here are some people who can’t be chosen as election inspectors:
Board Members
Current board members can’t serve as the inspectors of elections. After all, these directors run and govern the association. Because of this, whether proven or not, it is possible that one of them wants to influence the election result for personal interests.
Candidates
Current candidates for board elections shouldn’t also serve as inspectors. Having a candidate take on that responsibility creates a direct and obvious conflict. The election process needs to be fair for both candidates and the entire HOA membership.
Relatives of Directors or Candidates
No one related to a board member or a candidate in the upcoming HOA election should also serve as an association election inspector. Before confirming the appointment, board members need to verify such relationships with documentation.
Current Association Vendors
Individuals or companies currently serving as vendors or contractors for the HOA for a different service are also disqualified from serving as HOA inspectors for elections. This may also include the professional HOA management company they are working with
Simply put, any vendor that depends on the board for paid work may not be considered an independent party.
Can an HOA Member Serve as Inspector?
It is possible for an HOA member to qualify as an inspector of elections if the resident is independent. They’re not disqualified just because they reside in the HOA community.
However, if the said member is a board member, a candidate, a relative of board members and candidates, or a current vendor working with the HOA, they can’t be named an election inspector.
If the HOA decides to appoint one of its members as an election inspector, the association should document why the resident qualifies for the responsibility.
Appointing an HOA Inspector
Finding and choosing the HOA inspector of elections usually happens early in the election process. For this, the association needs to review its election rules before making any decisions.
Who Should the HOA Choose?
Among eligible individuals, the HOA may choose a qualified HOA member or a third-party inspector. Selecting which one would be better will depend on several factors.
- Independent Community Members: Appointing an HOA member can work well if the election is routine and the member meets all the qualifications.
- Third-Party Inspector: This type of inspector is better suited if the elections are contested. It’s also the safer choice if the association has had past election disputes.
- Professional HOA Election Inspectors: These inspectors are usually better suited when the HOA uses electronic voting. They may also be better if your association is holding recall elections or if major governing document amendments are involved.
When Should the Board Appoint the Inspector?
The board should appoint the inspector before ballots are distributed. An earlier appointment gives the inspector time to review election materials.
This is especially important when the association must confirm voter information. It also helps when the election involves electronic secret ballots.
Waiting too long can create avoidable problems. Ballot handling and notice deadlines are easier to manage when the inspector is already in place.
What’s Included in the HOA Election Inspector’s Contract
Having a written contract can help outline the inspector’s role. Here’s what your HOA inspector of elections’ contract should contain:
Scope of Work
Your election inspector’s contract needs to outline what the work and responsibilities the position entails. It should explain the duties that the inspector will handle. It must mention everything expected, from handling ballots to counting votes.
The scope should also be clear with the division of responsibilities. It should clarify which obligations the HOA board has and which ones are for the inspector. Having these in place will help both the inspector and the HOA avoid mistakes.
Independence Confirmation
In the contract, the inspector should be able to confirm their neutrality or independence in writing. It should require the appointed person to disclose any conflict that may arise before the election ends. Having this part in place helps protect the HOA if the inspector’s appointment is questioned.
The inspector should confirm independence in writing. The contract should require the inspector to disclose any conflict that arises before the election ends.
This protects the association if the appointment is later called into question.
Ballot Custody
The contract should explain where ballots will be stored and the inspector’s responsibility for their safekeeping. It should also list the people authorized to access election materials.
This part is crucial for secrecy and recordkeeping. It also helps if a member challenges the result.
Electronic Voting Duties
If electronic secret ballots are involved, your contract for the HOA inspector of elections should also address their duties related to the process. It should explain how the inspector can review and confirm a voter’s identity under this process.
Additionally, the part about electronic voting should also explain how electronic secret ballots will be protected. Having this provides the inspector with the necessary information on properly performing the role.
Fees and Extra Charges
The contract should clearly state the fee. It should also explain any extra charges for additional work.
This helps the board avoid disputes after the election.
Keeping the Ballot Box Above Question
Having an HOA inspector of elections who is qualified helps California associations run fairer elections, avoid conflicts, and protect the integrity of the final result.
Optimum provides expert management services to community associations in Southern California. Call us today at (714) 508-907 or contact us online to learn more!
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