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INSPECTING BALLOTS & LEGAL CHALLENGES

Inspecting Election Materials
 

Right to Inspect. Associations must make association records available for inspection and copying by members or their designated representatives. (Civ. Code § 5205(a).) Association records include election materials, defined as returned ballots, signed voter envelopes, the voter list of names, parcel numbers, and voters to whom ballots were to be sent, proxies, and the candidate registration list. Signed voter envelopes may be inspected but may not be copied. (Civ. Code § 5200(c).)

Proxies. Proxies are not included in the authorizing language for inspections, only ballots are. The reason for not including proxies may be that they are personal and confidential between the member and his/her proxy and do not impact the inspection of ballots.

No Right to Copy. Election materials do not fall under the list of records that members have a right to copy. (Civ. Code § 5200.) There is no provision in the Davis-Stirling Act, the Corporations Code or the Election Code that provides for the copying of ballots or other election materials. Hence, members have a right to inspect but not to copy ballots.

Inspection Costs. Since professional inspectors do not work for free, there will be a cost associated with the inspection. The person seeking to inspect ballot materials held by the Inspector of Elections must pay the Inspector a reasonable fee to produce the records and oversee the inspection. 

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

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).) 

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ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC