Can HOA or Condo Boards or Managers Count Ballots? – Article by Beth Grimm, P.L.C.

Article by Beth Grimm, P.L.C. HOA & Condo Attorney

“Is there any legal requirements that HOA elections be handled by someone other than the Management Company and Board of Director?”

 There is a law on elections in California and it is very comprehensive (long, complicated and in ways difficult to interpret). But what it says on the subject of who can act as an inspector of election is clear:

“(c)(1) The association shall select an independent third party or parties as an inspector of election. The number of inspectors of election shall be one or three.

(2) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member of the association, but may not be a member of the board of directors or a candidate for the board of directors or related to a member of the board of directors or a candidate for the board of directors. An independent third party may not be a person, business entity or subdivision of business entity that is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a).”

So you can see it cannot be a Board member or anyone related to a Board Member, but the manager could act as Inspector if the election rules adopted by the Board allow for it.

If you want a full explanation of the law, check out the Elections Primer on my website at www.californiacondoguru.com under “Publications”. There is a forms Primer too.

– To review the original article, click here

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