Vote Recounts
Sometimes elections are close or end in a tie, and one or more candidates request a recount. See Recounts and Runoff Elections.
Inspecting Election Materials
Inspecting Election Materials. Election materials belong to the association but remain in the custody of the inspector of elections or at a location designated by the inspector until after the time allowed by Section 5145 for challenging the election has expired (one year), at which time custody of the records may be transferred to the association. (Civ. Code § 5125)
Beginning January 1, 2020, members may inspect election materials. (Civ. Code § 5200(c)) Election materials include:
- returned ballots
- signed voter envelopes (may be inspected but not copied)
- voter list of names, parcel numbers, and voters to whom ballots were to be sent
- proxies, the candidate registration list
- the tally sheet of votes cast by electronic secret ballot
Electronic Elections. If an election is held entirely electronically, the election materials will be more limited. They will not include ballots, signed voter envelopes, or proxies.
Legal Challenges
Any director or any person who had the right to vote in the election has standing to challenge the election. (Civ. Code § 5145(a), Corp. Code § 7616(a)) As provided in Civil Code § 5145(c), owners may bring actions in small claims court for the following under Civil Code § 5105(a) and Civil Code § 5120. In addition to levying fines, small claims judges may grant equitable and injunctive relief (Code Civ. Proc. § 116.220) and also levy penalties of up to $500 per violation (Civ. Code §5145(b)&(c))
- access to association resources by a candidate or member advocating a point of view,
- receipt of a ballot by a member,
- the counting, tabulation, or reporting of, or access to, ballots for inspection,
- review of ballots after tabulation
Voiding an Election. If a member establishes, by a preponderance of the evidence, that the election procedures of this article, or the adoption of and adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court shall void any results of the election unless the association establishes, by a preponderance of the evidence, that the association's noncompliance with this article or the election operating rules did not affect the results of the election. (Civ. Code §5145(a))
Statute of Limitations. Members have one year from the date of the election violation to bring an action for declaratory or equitable relief. (Civ. Code § 5145(a))
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.