The Need To Employ Third Party Independent HOA Election Inspector

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In the real estate sector, there is significant popularity of planned communities living in the ‘Homeowners association’ formed where there are single-family homes or condominiums.

The Popularity of Homeowners Association

The main purpose of a homeowner association, or famously called ‘HOA,’ is to develop and implement certain rules and policies that may provide convenience to the residents living in a particular jurisdiction. HOA members are the people residing in the community, and you can easily become a member by purchasing a house in HOA’s jurisdiction.

There are numerous amenities and facilities available to the residents who have made community living popular. The matters and affairs of HOA are managed by a board of directors that is democratically elected and said to oversee and implement the HOA rules. The policies and regulations of HOA are defined in a document called ‘Covenants, Conditions, and Restrictions (CC&Rs).

The residents have to follow the HOA rules and pay monthly fees; any violation to follow the rules can result in monetary fines. The restrictions of HOA may include policies such as the color of paint on a house or type of landscape or fences to install. The HOA fees may be collected monthly or annually to ensure facilities and common maintenance work.

The range of amenities available to residents living in HOA established communities are playgrounds, swimming pools, parking lots, tennis courts, a pet-friendly environment, and spaces available for organizing parties.

The Significance of HOA Elections

The HOA board of directors is elected in a meeting held once every year. The HOA elections usually take place from the beginning of January to the end of March. The important members of the board include a President, Vice President, Treasurer, and Secretary.

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The election process, the nomination of board members, and employing third-party election inspection firms is discussed and usually varies from one homeowner association to another. Some of the important issues addressed are how the HOA elections will be conducted, how the homeowners or residents will vote, and if a nomination committee is required or not.

To ensure the fairness of the HOA elections, the services of an independent third-party inspection firm are employed. An experienced HOA inspector of elections California is responsible for managing numerous essential tasks of HOA elections that includes

  • Knowing the number of community members entitled to vote and the voting authority they have
  • Finding out the validity and effectiveness of any proxies, if any
  • Addressing all the concerns of residents regarding the election process and voting
  • Receiving, counting, and tabulating the votes
  • Notifying the time at which the voting will commence and close
  • Ensuring that the election is carried out according to HOA rules
  • Securing and storing the election results if any objection is raised

The HOA election inspector’s main purpose is to ensure that the elections are fairly held and all nominated candidates are given a fair chance of getting elected on the board of directors.

Who can be selected as an HOA election inspector?

Any person who represents any third party can become an HOA election inspector. The requirements defined in the Civil Code 5110 state that any person can become an HOA election inspector who is a

  • A voluntary poll worker who works with the county registrar of voters
  • Notary individual
  • Licensee from the California Board of Accountancy (CBA)
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Any individual can become an HOA election inspector if he is not a member of the current board, related to the nominated board members, and not running as a candidate of the HOA elections. The individuals who cannot become an HOA election inspector are

  • Anyone who is a member of the current board of directors
  • Anyone who is a potential candidate for the new board that is to be selected
  • Anyone who is directly related to the current board member or running to become a member of the new board
  • Anyone who is already serving the HOA and is under contract

What is expected from an Independent Elections Inspector?

Once the services of a third-party independent HOA election inspector are employed, the election inspector’s first and foremost task is to go through the CC&R document and carry out the tasks according to the defined rules.

The integrity of the HOA elections should be maintained, and the candidates whom the residents like and vote for are the ones who eventually get elected. One of the most crucial tasks of the HOA election inspector is to ensure no foul play or undue influence that can impact the HOA election result. The ballots are kept secured, and the result is not announced until the last vote is not counted and tallied.

The HOA election inspector must be appointed early and two months before the HOA board elections to efficiently fulfill all the tasks. The HOA election inspector can be selected by the current board members, by members of the HOA, or any method that ensures the election inspector’s neutrality.

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Free and successful HOA elections are held if all the rules are followed correctly. Some of the considerations that an HOA election inspector needs to do are

  • Studying the HOA Governing Documents

The HOA election inspector must read the governing documents and ensure clarity in the voting process. The HOA election inspector needs to know how many votes are required to meet the quorum and how many options are necessary to announce a board member’s election.

  • Doing all the preparations

The HOA election inspector needs to determine how soon the community residents should be informed of the incoming HOA elections. The HOA members must be given adequate time to submit a nomination for the position on the board. The inclusion of multiple nominations helps to diversify the board.

  • Who Can Vote

The HOA election inspector must also determine which community members are allowed to submit nominations and which members can vote as ineligible members can turn up on election day and complicate the election process.

Conclusion

The HOA election inspector is also responsible for the election ballot’s customized design and planning of the timeline of events. The HOA election inspector needs to be proactive and effectively settle any disputes that affect the election process and results.