Inspector of Elections

An Inspector of Elections is an independent person or entity appointed by the board of directors to oversee and administer elections and member votes in a California common interest development, as required by Civil Code Section 5110. The inspector must be an independent third party — they cannot be a current board member, a candidate for the board, or a person related to a board member or candidate. Acceptable inspectors include a volunteer member who is not a candidate, a management company employee, a licensed CPA, a notary public, or a professional election services company. The inspector's responsibilities span the entire election process: determining the number of members entitled to vote, verifying voter eligibility, distributing and receiving ballots, maintaining the secrecy of all ballots until tabulation, overseeing the ballot counting at a properly noticed open meeting, and certifying the election results. Under AB 2159, which expanded electronic voting options, the inspector must also be familiar with any electronic voting platform used by the association and ensure it maintains ballot secrecy and integrity. The inspector has the authority to make binding decisions on ballot validity, including whether a signature matches the voter record or whether a ballot was received by the deadline. These decisions may only be overturned by a court. Inspectors are protected from personal liability for actions taken in good faith while performing their duties, provided they acted with reasonable care. Associations should appoint the inspector at least 30 days before ballots are distributed and include the inspector's name and contact information in the election materials.