Q. To maximize our chances of obtaining a quorum, is it legally permissible for our condominium association to enter the names of all voters in a raffle for some type of gift?
A. Yes. As long as no consideration is given other than voting, you may do so without the need to register the raffle with the office of the Attorney General. Some associations raffle off a credit for one month's assessment, others offer a gift card. Raffles almost always increase voter participation and the cost of a raffle can be far less than holding a second election.
Q. Is it legally permissible for the management company for a homeowner association to act as the inspector of elections?
A. A member of the association who is not a candidate for the board of directors or related to a candidate, or a current member of the board of directors. Yes, but only if the board has adopted an election rule permitting the management company to act as the inspector of elections. Otherwise, inspectors must fall into one of the following categories:
A licensee of the California Board of Accountancy
A volunteer poll worker with the County Registrar of Voters;
A Notary; or
A member of the association who is not a candidate for the board of directors or related to a candidate, or a current member of the board of directors.
1. 2. 3. 4. Michael T. Chulak is the founding partner of Michael T. Chulak & Associates, A Law Corporation. Questions can be sent by e-mail to MChulak@MTCLaw.com. Answers are general in nature. An attorney should always be consulted when legal advice is needed.
This article was republished with the permission of Michael T. Chulak
"Anyone, whether a property manager or a volunteer Board member, who has responsibility for running an election, should use VoteHOAnow for a virtually effortless election."
"Our election was a success, with more votes than we've seen in years, and over half of all votes came in via electronic voting."
We really appreciated how flexible and easy to work with VoteHOANow was during the process of getting our community ready to vote electronically for the first time.
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