Civil Code § 5110. Inspectors of Election.

(a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.

(b) 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, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services other than serving as an inspector of elections.

(c) The inspector or inspectors of elections shall do all of the following:

(1) Determine the number of memberships entitled to vote and the voting power of each.

(2) Determine the authenticity, validity, and effect of proxies, if any.

(3) Receive ballots.

(4) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.

(5) Count and tabulate all votes.

(6) Determine when the polls shall close, consistent with the governing documents.

(7) Determine the tabulated results of the election.

(8) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.

(d) An inspector of elections shall perform all duties impartially, in good faith, to the best of the inspector of election's ability, as expeditiously as is practical, and in a manner that protects the interest of all members of the association. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report.

(Amended by Stats. 2019, Ch. 848, Sec 3. Effective  January 1, 2020.)

Third-party oversight is essential to maintain a confidential vote. This is to ensure no bias and to bring a peace of mind to homeowners that their vote is being counted according to California Law. Confidentiality in voting within a Homeowners Association (HOA) is essential to enable members to voice their opinions without concerns about personal consequences. Preserving the privacy of votes fosters a transparent and fair decision-making process, promoting an inclusive and democratic community environment.

The reason for the two envlopes is to perserve the confidentiality of a persons vote. The outside ballots allows for the inspector of elections to identify what homeowners is voting and to confirm their signature and mark them off their list. This ensures that the ballot is counted toward Quorum and that if the same owner sends an additional ballot only one shall be counted. Homeowners are entitled to one vote per unit. 

Once Quorum is reached and the Insector of Elections is begining to conduct the official vote the outer envelope with the homeowners name is cast to the side. The smaller envelopes containing the vote is them put in a pile and is now ready to be open and counted to reach a final result. The smaller envelope allows that homeowners vote to be confidential because it does not contain any homeowner identification. This is why two envelopes is important in the voting process. 

If a homeowner has multiple units they are entitled to one vote per unit they own. Renters can not vote on behalf of the owner. The vote must be sent and signed by the official homeowner. 

If there is multiple homeowners in one unit they are only entitled to one vote. It is one vote per unit. 

Quorum refers to the minimum number of ballots needed in order for the Election Inspector to count and aanounce official results. Typically for an associations first meeting the HOA must have 51% of homeowners vote. Each meeting goes down in percentage. Howver, every association has their own person CC&R's and Bylaws that detail the percentage is needed for Quorum. Always refer to your associations personal Bylaws and CC&R's. 

You can easily request a quote by filling out the contact form on our website or by giving us a call at 1(619) 940-8941. We offer free quotes and discounts for new customers on their first HOA election. 

Davis Staerling is a a great resource for HOA to learn about the legality of HOA's. This can be accessed online for anybody to read. It discusses how to handle elections and other legal matters pertaining to HOA's.