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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37639
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Can a management company employed by the HOA Association be

Customer Question

Hello, can a management company employed by the HOA Association be in charge of ballots for an election?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Jerry,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

There certainly is no CA law which would prohibit an HOA property management company accepting the responsibility of preparing, distributing and collecting-for-tally ballots for an election, unless it is not specifically prohibited in the HOA By-Laws.

So, as long as it is not prohibited by the HOA By-Laws and the Board has no objection, then it is legal for the management company to be in charge of the ballots.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 year ago.
Dear *****,Thanks for your email. There may be confusion. Davistirling.com states a management company employed by an association shall not be in charge of ballots. Is this true under CA law. WE do not want our HOA to control our ballots as they are employed by our association.
Expert:  LawTalk replied 1 year ago.

Hi,

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,

Doug

Customer: replied 1 year ago.
Thank you, ***** ***** conclusion the hired and current management Company of the association can not inspect and be in control of the election? The ballots can't be mailed to the management company? Correct?
Expert:  LawTalk replied 1 year ago.

Correct. The ballots cannot be mailed to the Management Company, and 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.

Doug

Customer: replied 1 year ago.
Seems confusing as you originally stated yes the management Co can run the election?
Expert:  LawTalk replied 1 year ago.

Sorry for any confusion,

The management company may be present for the ballot counting and may review ballots after the time for counting and tabulation---under the supervision of the election inspector. But no, the management company can't do everything by itself.

Doug

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