When in the calendar year should our HOA appoint an election inspector?

Board elections are typically timed to when a board member(s) term expires. Appointing the Election Inspector is typically the first step in a 4-month process. Separately, ballot measures (such as approval of CC&R changes) take only 2 months. Ballot counting would typically be done at your annual meeting or a separate public board meeting.

How long does it take to run a full board election and what's the election process?

State mandated deadlines and notification requirements run concurrently, resulting in board elections now taking at least 95 days. In order to avoid missed deadlines from late mail delivery from holidays and Sundays, we recommend allowing 120 days from the first homeowner mailing until the final count, election results and recording of ballots.

How do you set costs for running HOA elections?

We typically charge a base agency fee per election, plus a flat fee per home within the HOA. The per-home fee varies depending on the size of the community and whether the board election ends up being uncontested. Many HOAs are choosing to run their board elections and proposal ballots at the same time, reducing mailings and paperwork. In most cases, our election agency fee is an average of 25% lower than others offer, and we don't charge extra for missing quorum and additional mailings.

When is payment due?

We bill for the agency fee and 50% of the per-home fees at contract signing – which is also typically when we receive your HOA mailing list and begin work on the first mailing. We bill the second half when we have received board nominations and have determined that this will be a contested election, ie. there are more qualified candidates than open positions. If after nominations close, there are fewer or the same number of candidates than open positions – the election is declared uncontested, and we will complete the election process without billing for the second payment. Note that under AB 502 enacted in 2022, the "uncontested" option is only available with the correct voter and nominee notifications, and requires an additional mailing (at no charge to the HOA).

Do you offer an option to provide just the ballot counting and leave board of director nominations up to the HOA?

We are happy to discuss your HOA's specific needs. Note that the recent rollout and enforcement of Inspector of Elections rules in California can at least in part be attributed to homeowner complaints and challenges for how HOAs have notified (or not notified) members of upcoming elections and open board seats, and how they have used various rules to disqualify some homeowners from being on the ballot. We believe it’s better for the HOA community to have an impartial, qualified inspector of elections, such as HOA Election Team, handle the process from beginning to end. Additionally, having us involved from the first step helps us ensure that the election reaches quorum and avoids costly delays and additional mailings. But we welcome the discussion and will do what we can to help close any gaps in your elections.

What are considered governing documents?

These typically include the HOA CC&Rs, your Bylaws and Articles of Incorporation, sometimes referred to simply as bylaws and regulations. Additionally, when discussing annual ballot resolutions, items may include IRS carryovers to the following year, resolutions for dues increases, and any other amendments requiring HOA approval.

What is included in your election program?

The list of project elements is long and typically includes: 

• Reviewing your HOA documents to apply your rules for elections (such as board nominations, proxies and quorum);
• Advising on application of HOA rules within current state requirements, receiving your member list;
• Setting a calendar for all election elements – particularly those that might need board feedback;
• Creating a custom web page for your HOA with all pertinent election dates and information;
• Creating custom envelopes and homeowner notice soliciting board nominations;
• Handling all mailings, returns and remailings as needed;
• Accepting board nominations and determining qualifications of nominees;
• Recommending to the board whether the board election is contested or uncontested;
• Gathering personal statements from all board nominees to opt to provide one;
• Notifying homeowners of balloting deadlines and nominated candidates;
• Accepting and ruling on any challenges to the slate of candidates;
• Language review, editing and standard feedback on any proposed resolutions. We can also make recommendations for legal consult on more complex issues and connect you with those resources;
• Printing and mailing ballot packages that include ballots, ballot concealment envelopes, return envelopes with voter signatures, candidate statements and any HOA resolutions that may be part of the election program;
• Accepting returned ballots;
• Determining quorum and take any steps needed to achieve quorum;
• Validating returned ballot envelopes;
• Opening concealment envelopes and count ballots are announced open HOA meeting;
• Tabulating and announce results of election(s);
• Publishing results as required by state statute;
• Storing all election material incompliance with California Civil Code;
• And, from Day 1 until the end, being available to Property Management, the Board and all homeowners to answer questions and resolve issues they may have. 

Does the HOA Election Team hold in-person meetings with the HOA?

Changes in business practices accelerated by the pandemic have shown that everything from court trials to television interviews – and yes, HOA elections – can now be successfully and efficiently run remotely. There are state requirements that there be a physical location open to the public and attended by at least one board member or person appointed by the board. Other attendees and participants can dial in.