Inspector Services for HOA Board Elections

Not all notaries have experience with HOA Board Elections,
but Laura Biewer has extensive expertise in this.

Call Laura for Pricing – Factors include number of voters, travel, etc.

 

In California, the requirement for Homeowners Associations (HOAs) to use independent third parties for board elections is primarily governed by the Davis-Stirling Common Interest Development Act, specifically updated by Senate Bill 323 (SB 323), which went into effect on January 1, 2020.

The law was designed to prevent "bad boards" from manipulating election outcomes and to ensure that the democratic process within a common interest development is transparent and fair.

 

  1. The Core Requirement: "Independent Third Party"

Every HOA must select either one or three independent third parties to serve as the Inspector(s) of Elections.

To be considered "independent," the person or entity must meet specific criteria:

  • No Current Contract: They cannot be currently employed by or under contract with the HOA for any compensable services (other than serving as the election inspector).
  • No Personal Stake: They cannot be a current director, a candidate for the board, or related to a director or candidate.
  1. Who Cannot Serve
  • existing management companies
  • law firms that provide services to the HOA
  1. Who Can Serve

The law provides a non-exhaustive list of acceptable third parties:

  • Notaries Public: Independent notaries.
  • Professional Election Companies: Businesses that specialize specifically in HOA elections.
  • CPAs: Only if they are not the association's current accountant.
  1. Responsibilities of the Inspector

The third-party inspector isn't just a witness; they have total custody of the process. Their duties include:

  • Voter/Candidate Lists: Maintaining and correcting the candidate registration and voter lists.
  • Ballot Custody: Holding sealed ballots, signed envelopes, and proxies until the count.
  • Tabulation: Opening and counting the ballots in a public meeting.
  • Determining Validity: Deciding on challenges regarding a member's right to vote or the authenticity of a ballot.

 

Why this matters for HOAs

If an HOA fails to follow these rules, Civil Code § 5145 allows a member to bring a civil action in court. If the court finds the association didn't use an independent third party (or violated other election rules), it has the power to void the entire election results, and the HOA may be ordered to pay the member’s legal fees and costs.