It’s that time again in your homeowners association – time for the Annual Director Election. To be proactive and try to drum up participation from the membership, the HOA board may want to send out a notice to the members asking for volunteers to assist in this process. 

What is an Inspector of Election?

An inspector of election is an independent third party who volunteers to assist with the voting, ballots, and election process of new board members. They may be a member of the homeowners association and must be able to act impartially and in good faith.

What are the General Duties?

An association’s inspector(s) of elections are required to do all of the following: (Civ. Code § 5110(c))

• Determine the number of memberships entitled to vote and the voting power of each;
• Determine the authenticity, validity, and effect of proxies, if any;
• Receive ballots;
• Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote;
• Count and tabulate all votes;
• Determine when the polls shall close, consistent with the governing documents;
• Determine the tabulated results of the election;
• Perform any acts as may be proper to conduct the election with fairness to all members in accordance with the required secret balloting procedures, the Corporations Code, and all applicable election rules of the association.

How Can You Ask for Members Help?

The notice to HOA members requesting help in the election process could include the following components:

• The Association's Board of Directors is looking for three to five volunteers to serve as inspectors for the upcoming election. This is a one-time commitment and an opportunity for members to serve their Association in a meaningful way.
  
  
• The governing documents for the community state that inspectors of election should be appointed from among the Association members. But, even if this cannot be done, the HOA board wants to be sure the election is conducted fairly and legitimately.
  
  
• Inspectors will be fully briefed by the HOA manager on how to carry out their duties before the membership meeting and election. Duties will include examining proxies, establishing that a quorum is present, distributing and collecting ballots, tabulating votes and certifying their accuracy. Inspectors will also be asked to observe the voting process, assist members to cast votes and ensure no irregularities arise.
  
  
• Members who have an interest in the election results are not eligible to serve as inspectors. This includes candidates, their family members, Association officers or Board members. The Association is looking for volunteers who are impartial.
  
  
• Please contact the manager if you would like to participate.

By the HOA board taking the time to reach out to the membership and request volunteerism and participation, it creates and fosters a collaborative environment. All members taking the time to get involved in their homeowners association will create a feeling of contribution and cultivate a vested interest in the success of the community.