Are the Board election results void if our management company acted as the inspector of election?

Question

Our management company has provided multiple services to our HOA for many years.  During the last Board election cycle, our Board did not appoint an inspector of election (IOE).  Apparently the Board did not know the IOE has to play a critical role in CA civil code 5103 - election by acclamation.  After receiving all candidate nomination forms, our management company made the determination that we should use the new election by acclamation process.  Since CA civil code 5110 explicitly prohibits our management company from serving as the inspector of election, does that act void the Board election results?  If so, can our Board just declare that the results are void, and then use their authority to appoint the candidates to the Board?

James L. Arrasmith · Answer

Your concern about the election validity is well-founded, as California Civil Code 5110 explicitly prohibits management companies from serving as election inspectors for HOA elections. 
 
Since your management company made determinations about the election by acclamation process without a properly appointed inspector of election, this likely renders the election results void. The election by acclamation process under Civil Code 5103 requires specific steps and determinations to be made by a qualified, independent inspector of election - not the management company. 
 
However, simply declaring the results void and appointing candidates directly would create additional legal issues. Your best course of action is to hold a new election with a properly appointed independent inspector of election who meets the requirements of Civil Code 5110. The Board should consult with your HOA's legal counsel about the proper procedure for invalidating the previous election results and conducting a new, compliant election process.

Q: Are the Board election results void if our management company acted as the inspector of election?