10. The Board may, but is not required to, set the date the ballots are mailed or otherwise delivered as the “voting cut-off date” to establish membership status for voting. 11. Every Member of record shall have the right to vote, unless the Board adopts the voting cut-off date and an individual was not a Member of Record as of that date. 12. The voting power of each Member shall be as described in the Association’s Bylaws and/or Declaration. Inspector(s) of Elections 13. Inspector(s) of Elections (i.e. independent third parties) shall be appointed by the Board. The number of Inspector(s) of Elections shall be one (1) or three (3). If there are three (3) Inspectors of Elections, the decision or act of a majority shall be the decision or act of all. 14. The following persons may not serve as Inspector(s) of Elections: Board Members, candidates, persons who are related to Board Members, persons who are related to candidates, or any party who is currently employed or under contract with the Association for compensable services. 15. The following persons are independent third parties and may serve as Inspector(s) of Elections: Any third-party person or company hired by the Association solely for this specific purpose. Association Members may serve as Inspector(s) of Elections if they are not a Director, a candidate, or a person related to any Director or candidate. 16. Independent third parties may be compensated for performing Inspector(s) of Elections services. Association Members, however, are not entitled to compensation for serving as Inspector(s) of Elections. 17. Inspector(s) of Elections may appoint and oversee additional independent third parties to verify signatures and to count and tabulate votes. 18. The Inspector(s) of Elections are charged with performing the following duties: a. Determine the number of memberships entitled to vote and the voting power of each. b. Determine the authenticity, validity and effect of proxies, if any. c. Receive ballots or determine a location where ballots are to be delivered. d. Verify the Member’s information and signature on the outer envelope. For mailed ballots, the Inspector(s) may verify the Member’s information and signature on the outer envelope prior to the election; e. Hear and determine challenges and questions in any way arising out of balloting or the election. f. Count and tabulate all votes. g. Determine when the polls shall close, consistent with the Association’s Governing Documents. h. Determine the tabulated results of the election. i. Report the tabulated results of the election or balloting promptly to the Board of Directors to ensure that the Board can publicize the results to the homeowners within 15 days of the election. j. Retain the ballots at a location designated by the Inspector(s) of Elections pursuant to Civil Code Section 5125. k. Perform any acts as may be proper to conduct the election with fairness to all Members in accordance with Civil Code Sections 5100 - 5145, the Corporations Code , and these Election Rules to the extent not in conflict with Civil Code Sections 5100 - 5145.
Made with FlippingBook Ebook Creator