💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RichardP13 (California)
Posts: 1,767
Posted:
Here is a challenge.

You are in Califonia. You have your annual meeting in one day and you don't have an inspector(s) of elections. The election rules your Association adopted, according to Civil Code 1363.03, state the Board shall appoint three inspections after the close of candidate nominations, but before the ballots are to mailed to all the owners.

The appointment of inspectors was on the agenda for the August Board meeting, but because three Board decided not show up, no quorum was available. Meeting was cancelled and no action was taken afterwards.

What do you do?
TimB4 (Tennessee)
Posts: 21,059
Posted:

From what you posted I am of the understanding that:

1) The Board never appointed an inspector
2) The Election was held

Obviously the Board dropped the ball.

Unless there is a hot topic that might be contested, I would have been realistic and asked for volunteers from the membership at the annual meeting to count the ballots.

If this was a hot topic, the board should invalidate the election due to procedural discrepancies. Then call a special meeting (and go through the expense) of doing the election over.

RichardP13 (California)
Posts: 1,767
Posted:
Tim

The election is tomorrow.

The meeting is to count ballots for the election of directors.

The three Board members that didn't show up were not running this year.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Then appoint an inspector as an action without a meeting and/or ask for volunteers to count the ballots from the audience.

Expecting that their isn't a hot topic on the ballot, then you just need to be realistic about the issue this time and take steps so the mistake isn't repeated.
RichardP13 (California)
Posts: 1,767
Posted:
Thanks Tim

We will appoint an inspector according to Corporation Code 7614.

I have also re-written our election rules so things like this don't happen in the future.
BrianB (California)
Posts: 2,820
Posted:
we faced a similar thing:

Appointed a election inspector.
Two days before the election, family member died. He won't be attending meeting. So, he hastily asks another person to take over, and the board essentially says "sure, she can do it!"
Day of the meeting, that person doesn't show up.

Our rules say that the inspector can't be 'related to or have a tangible interest in' any member of the current board, or any person on the ballot (ie, no relationship with someone running for the board, or anyone on the current board).

At our meeting, the only people who showed up were the current board members, their spouses, the mother of a board member, and the caretaker/live-in assistant of an owner running for the board, a member of our road committee (and cousin to a board member) and one other member. And that member was brand new, just bought their lot this summer, and came just to see what he bought.

Luckily for us, we just figured that if the other 130 owners didn't care to come to the meeting, they probably won't care what we do at it. So we counted proxies, ballots, etc, and got it done.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here