While the Management company can not personally take charge of the balloting, they may hire an independent Election Inspector for the HOA to use and the inspector will contract directly with the Board. CA Civil Code Section 5120 states in pertinent part, No person, including a member of the association or an employee of the management company, shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated.
While the Board can hire an elections inspector and it may be a member of the association, the inspector may not be:
1. Any members of the board of directors,
2. Any candidate for the board of directors, or
3. A relative of someone running for the board.
So the HOA, by and through the board, won't truly be able to be in control of the ballots.
You may reply back to me again if you have additional questions, and I will continue to assist you.
I wish you and yours the best in 2016,