An HOA Elections Inspector is a professional inspector that a company will hire out to provide professional inspections to homeowners associations. These elections inspectors are able to help HOA's with a variety of tasks ensuring that the HOA elections are run in a fair manner to give all candidates involved a chance at being elected.
Independent elections inspectors are able to be put under contract without the work violating their "independent" status according to California Civil Code 5110. The only rule is that the hired person cannot be an employee of the HOA that is hiring them to inspect their elections. They must, instead, be a neutral 3rd party who is hired to ensure a fair and honest election for everyone running.
What Are the Election Inspector's Duties?:
The HOA Election Inspector has a variety of duties as they are described by California Civil Code 5110. The election inspector's duties include the following:
- determining the number of members entitled to vote and the power that they have when it comes to voting
- determining the authenticity and validity of any proxies that may have a vote if any that applies
- hear and determine all challenges that are brought up regarding any individual and their right to cast a vote
- collect and count all ballots
- determine when the polls close and ensure that the closing of polls is consistent with all government documents involved in the election
- determine election results
- perform other tasks if necessary to ensure that the election process is fair to everyone involved
These basic duties that are performed by an elections inspector ensure that everyone has an equal and honest experience during the election process.
Who Can & Cannot Be An Elections Inspector?
Any individual who is a representative of an independent third party can serve as an elections inspector. Civil Code 5110 indicates the following qualify as someone who can be an elections inspector:
- a volunteer poll worker from the office of the county registrar of voters
- any licensee from the California Board of Accountancy (CBA)
- a notary public
- anyone from the current association who is not a director, running to be one, or is not related to anyone running for a position on the board
Any of these people can serve as an elections inspector so long as they are not any person who is a member of the current board or who is going to be running for a position on the current board in the elections. They must also not be related to anyone on or running for the board in any way.
Those who cannot serve as an elections inspector include:
- anyone who is a member of the board of directors
- anyone who is to be a candidate for the board of directors
- anyone who is related to someone running for the board of directors
These are people who are prohibited from being election inspectors for that specific election.
When Might An Elections Inspector Be Needed?
An elections inspector is used to ensure that a fair election is held by a community and ensure that everyone who is running in the election has a fair and equal chance of winning. Elections inspectors ensure that the members of the association who are voting maintain the integrity of the vote and that the candidates whom the people of the community association elect are the ones who actually get elected.
Elections inspectors ensure that no foul play influences the outcomes of any of the elected board positions. They keep the ballots protected until all results are calculated and tallied. Elections inspectors also ensure that any disputes (which must be raised within 1 year of the election) are handled fairly and diplomatically as well.
For an HOA to get the best elections inspector possible it is recommended that you appoint someone early on in the process as possible to act in this position. For more information on management services for your on-site community association, please feel free to contact us.
