Civil Code Section 5125 provides in pertinent part that:
“If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the member’s authorized representative.”
This language does not explicitly address whether an association is required to permit the inspection of ballots in the absence of a recount or formal challenge to the election process brought by a member of the association. HOA industry attorneys take varying positions with respect to this issue and whether an association member has a right to inspect the ballots if there is no recount or challenge brought against the association by the member pursuant to Civil Code Section 5145. (See also “Legal Challenge to Election.”)
“Association Election Materials” as “Association Records”
Civil Code Section 5200 provides an association’s members with rights to inspect and copy specified “association records.” (See “Records Subject to Inspection.”) Returned ballots, signed voter envelopes, the voter list of names to whom ballots were to be sent, proxies, and the candidate registration list constitute “association election materials” that are “association records” subject to inspection. Signed voter envelopes may be inspected “but may not be copied.” (Civ. Code § 5200(c).)
Maintain Association Election Materials for 1 Year – An association is required to maintain association election materials for one year after the date of the election. (Civ. Code § 5200(c).)
Fees for Inspection
The Davis-Stirling Act does not address whether a member is required to pay any fees associated with the inspection of ballots (i.e., any fees charged by the inspector of election in making the ballots available for inspection).