Many times elections are decided by a single vote. Although the Inspector of Elections determines the outcome of the election (Civil Code §1363.03(c)(3(G)) a losing party may be unhappy with the results and demand a recount. The Davis-Stirling Act does not address this situation.

Election Code. Although not binding on homeowner association elections, California's Elections Code provides useful guidelines on how recounts may be handled. The following has been adapted from Elections Code §§15620-15634.

Written Demand. Any member of the association may demand a recount of the ballots provided (i) demand is made in writing to the Inspector of Elections within five days after the election results have been announced, and (ii) the member pays in advance for the cost of the recount. Monies advanced by the member shall be refunded if the outcome of the election is changed by the recount.

Recount Procedure. The recount shall be commenced not less than seven days following the request for the recount and shall be done under the supervision of the Inspector of Elections. The recount may be observed by members of the association. No election materials may be touched or handled by any person without the express consent of the Inspector of Elections and under the supervision of the Inspector.

Results Published. The results of the recount shall be reported to the board of directors and the membership and shall be recorded in the minutes of the next board meeting.

RECOMMENDATION: So as to minimize the potential for litigation, boards should adopt reasonable procedures for recounts similar to the above. Because Election Rules are operating rules, boards must send the proposed changes to the membership for review and comment.