Real Estate & Property Law

Can Anyone Bring in Homeowners Voting Packets to the Inspector?

Here is an email from someone who asks the question as to whether a board member can collect ballot packages from owners:

"Hi Condo Guru,

I am a current board member at a condo complex in _________, CA. We are currently in the process of voting for board members. The ballots have been sent out to the homeowners. The ballot package includes an official ballot envelope and a postaged paid envelope addressed to our property management company.

Can a board member collect the unsent ballots from the homeowners and place them in the ballot box at our Board Meeting?"

There is nothing in the law that says an owner cannot give their ballot package to another owner to bring in to a meeting to be counted. The law does not say it has to be mailed back to be counted. Of course, it is important to avoid any "air" of impropriety and sometimes there are persons who might be suspect of this practice, who might make accusations about fairness, who might be opposed to the practice for a myriad of reasons, justified or not.

In some associations, the members and inspectors would think it perfectly fine. In others, people might complain. The action might serve as the basis for a challenge to an election, but it's not illegal.

Full post as published by California Condo & HOA Law on March 28, 2011 (boomark / email).