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1. I need new election materials – what can I do?
Contact your Inspector of Election. If you are a client of HOA Elections, please contact us at: (888) 589 - VOTE (8683). You may also visit your community’s election website at: www.MyHoaVote.com, select your community, and download the form for new election materials.
2. I am a new owner – am I entitled to vote?
According to Corporations Code 5611 “…The bylaws may provide or, in the absence of such provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to vote at a meeting of members...If no record date is fixed, members on the day of the meeting who are otherwise eligible to vote are entitled to vote at the meeting of members...”.
3. Can I bring my ballot to the meeting?
Yes, you may bring your ballot to the meeting. However, you still need to follow the double envelope system.
4. What exactly has to be provided in the upper left hand corner of the outer secret ballot envelope?
The following must appear in the upper-left hand corner of the outer secret ballot envelope:
• Written or pre-printed voter’s name
• Written or pre-printed voter’s address or separate interest identifier that entitles him or
her to vote (such as parcel, unit or lot number - can simply be the voter's full address)
• Voter’s signature.
5. Can I give my ballot to a friend to turn in at the meeting?
Generally the answer is no. Most election rules and voting instructions provide that ballots are to be returned to the Inspector of Elections. Giving your ballot to a friend would usually not be in compliance with those documents. In addition, ballots must remain in a secure place and unopened until the official vote-counting meeting. No person, including a member of the association or an employee of the management company, may open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated. Civil Code §1363.03(f)
6. Do I have to sign the envelope?
Yes. According to Civil Code 1363.03 “…The ballot itself is not signed by the voter, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed. In the upper left hand corner of the second envelope, the voter shall sign his or her name, indicate his or her name, and indicate the address or separate interest identifier that entitles him or her to vote.”
7. Do I have to sign the envelope if I bring it to the meeting?
Yes, you are still required to fill out and sign the outer envelope.
8. Can I revoke or change the ballot I already sent in?
No you may not. According to Civil Code 1363.03 “Once a secret ballot is received by the inspector of elections, it shall be irrevocable.”
9. We have three people that own the home – who gets to vote?
According to Corporations Code 5612 “(a) If only one votes, such act binds all; (b) If more than one vote, the act of the majority so voting binds all.”
10. Who is HOA Elections?
Since 2006, Associations are required to appoint an independent third party to act as the Inspector of Elections. HOA Elections is a professional election inspector and has been retained by your community as the independent inspector.
11. What does an Inspector of Election do?
(A) Determine the number of memberships entitled to vote and the voting power of each.
(B) Determine the authenticity, validity, and effect of proxies, if any.
(C) Receive ballots.
(D) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.
(E) Count and tabulate all votes.
(F) Determine when the polls shall close, consistent with the governing documents.
(G) Determine the tabulated results of the election.
(H) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this section, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this section.
An inspector of election shall perform his or her duties impartially, in good faith, to the best of his or her ability, and as expeditiously as is practical. If there are three inspectors of election, 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 election is prima facie evidence of the facts stated in the report.
12. Can the Inspector of Election give me legal advice?
No, most Inspectors of Election are not licensed attorneys and cannot give you legal advice.
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