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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