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;
d. Hear and determine all challenges and questions in any way arising out of or in connection with the right
to vote;
e. Count and tabulate all votes;
f. Determine when the polls shall close;
g. Determine the result of the election; and
h. Perform any acts as may be proper to conduct the election with fairness to all members in accordance
with Civil Code Section 1363.03 and all applicable Association rules regarding the conduct of the
election that do not conflict with Civil Code Section 1363.03.
11. An inspector of election shall perform his or her duties impartially, in good faith, to the best of his or her ability,
and as expeditiously as is practical. If there are three (3) inspectors of election, then the decision or act of a
majority shall be effective in all respects as the decision or act of all. Any report made by the inspector(s) of
election is prima facie evidence of the facts stated in the report.
12. Elections subject to Civil Code Section 1363.03(b) shall be conducted in accordance with the following
procedures:
a. Ballots and two preaddressed envelopes with instructions on how to return ballots substantially in the
form of Exhibit "A" attached hereto and incorporated herein by this reference shall be delivered or mailed
by first-class mail to every member not less than thirty (30) days prior to the deadline for voting (a
member may not be identified by name, address, lot, parcel, or unit number on the ballot);
b. Ballots are not to be signed by the voter;
c. Completed ballots must be placed into an inner envelope that has no identifying information (e.g., no
member name, no property address, no signature, etc.) on it, and the inner envelope is then sealed by the
member;
d. The inner envelope is then inserted into the outer envelope that is preaddressed to the inspector(s) of
election and then sealed by the member;
e. In the upper left hand corner of the outer envelope, the member must indicate his or her name and the
address of the property in the community that entitles the member to vote in the Association's election,
and then the member (who must be on title) must sign his or her name in the upper left hand corner of
the outer envelope. Ballots received in improperly completed envelopes (e.g., not signed) will not be
counted;
f. The envelope must be mailed or delivered by hand to the inspector(s) of election, and the member may
request a receipt for delivery;
g. All properly returned votes deemed valid by the inspector(s) of election shall be counted and tabulated
by the inspectors) of election in public at a properly noticed open meeting of the Association's board of
directors or members; envelopes deemed invalid by the inspector(s) of election shall remain sealed;
h. If the meeting of members is adjourned due to failure to satisfy quorum requirements, then envelopes
containing ballots shall remain sealed and in the custody of the inspector(s) of election for use at such
time as quorum requirements are satisfied at a reconvened meeting of the members;
i. Any candidate or other Association member may witness the counting and tabulation of the votes;
j. No person, including any Association member or management company employee, may open or
otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated;
k. The inspector(s) of election shall; promptly report the election results to the Association's board of
directors, and such results shall be (i) recorded in the minutes of the next meeting of the board of
directors, (ii) available for review by the Association's members, and; (iii) publicized within fifteen (15)
days of the election in a communication directed to all members;
l. The sealed ballots shall at all times be in the custody of the inspectors) of election or at a location
designated by the inspectors) of election until after tabulation of the vote, at which time custody shall be
transferred to the Association.
m. After tabulation, the Association shall store ballots in a secure place for no less than one (1) year after
the date of the election;
n. In the event of a recount or other \ challenge to the election process, the „ Association shall, upon written
request; make the ballots available for inspection and review by members or their authorized
representatives.