WHY US – WE HAVE THE TOOLS – We utilize state of the art technologies in our offices, such as sophisticated HOA management software; automatic banking and check scanning ability, huge resources to bodies of law and to construction, accounting, taxation, fire alarm systems, HOA management, etc., topics in the forms of books, manuals, magazines, and electronic subscriptions.
- Perpetual Property Maintenance Functions
We are responsible for assuring that the common and exclusive use common areas and elements of the buildings, appurtenances and grounds, and the property improvements are maintained according to acceptable standards. This includes but not limited to structural condition, cleaning, painting, decorating, plumbing and electrical repair, carpentry, plastering, and other such normal housekeeping, maintenance, and repair work as may be necessary.
We yearly prepare a maintenance, repair, and capital improvements plan and submit it to the Board. The plan will be used to identify each item characterized as a perpetual property maintenance function.
- Emergency Maintenance Management Functions
We maintain a 24-hour, 7-day-per-week emergency call program for vital support systems on the property. “Emergencies” are defined as fire, water leaks, sewage backup, electrical outage, persons trapped in elevators, and any other causes where immediate action is necessary to prevent personal injury or property damage.
- Building Operations
We manage and monitor all integral operations of a townhome, HOA, or condo association facility with a daily impact on the owners and residents of the project.
WHY US – LIFETIME GUARANTEE – We stand behind our managerial and operational decisions and practices long after we have stopped managing an Association.
Our managers will be there for you not only to maintaining your property but also to adding value, saving money, and improving the efficiency of the operations of the property. The managers will be making recommendations concerning green initiatives, retrofitting, and investing in smart building technologies. J & N Realty, Inc.’s staff has a clear understanding of what it takes to manage a property from capital expenditures to utility conservation and to repair, maintenance, and supply costs. Our managers also engage in proactive preventive maintenance to extend the useful life of common elements, reduce inconvenience to residents, and to reduce expenses. Strategic planning provides a basis for evaluating performance and progress.
J & N Realty, Inc.’s core competencies encompass all of the following management skills and techniques:
- Responsive and responsible management
- Effective communication
- Ability to be and stay organized; to deal swiftly with change; to maintain professional detachment; to stay current with industry standards and practices; to admit mistakes and to correct them immediately
Our managers have access to information, resources, and statutes which affect the management and operations of homeowners and condominium association communities. The managers recognize problems, seize opportunities, and create solutions. They are detail oriented, organized, flexible, and follow up and follow through, with a passion to be a protector, planner, and provider, and, with an equal passion, to make a huge impact on the operations of common interest development properties. Our managers attend continuing education courses to gain the knowledge and skills required to keep up with new laws, regulations, management techniques, technology, and products.
WHY US – CERTIFIED EXPERIENCE – All our managers are certified either by CACM or by CAI, or by both. Many of our managers have achieved the prestigious PCAM designation, which is the highest designation granted to Community Association Managers, and hold a real estate broker or agent license and various other licenses or certifications (contractor licenses, tax preparer registrations, notary public and registered process server designations).
WHY US – 25 YEARS OF EXPERIENCE – With our extensive experience, we are fully capable of serving the needs of even the most neglected and abused Association and can place them in a healthy and sound financial and operational condition expeditiously.
All too often, we receive phone calls and emails from disgruntled Board of Directors that have grown dissatisfied with the poor performance of their managing agents. Such Directors state that their managing agents fail to return their phone calls or answer their emails, or return them with long delays; and that the managers do not assist the Boards to meet the challenges of the operation and management of the Association.
The Directors also maintain that most management companies, especially the large ones, have become complacent to the extent that they display a definite lack of care of and attention to the affairs and welfare of the homeowners association projects they manage. Most Board Members concur that the level of customer service and professional commitment of most property management companies are pronouncedly below par, or, sometimes, almost nonexistent.
The art of managing association communities rests on common sense. However, consistently employing common sense in the myriad of emotional attitudes, egos, and agendas that usually surround the day-to-day operations and management of Associations requires much patience. Also, the level of expertise and the art of managing HOA properties are relatively low. Most managing agents acquired their experience by managing and overseeing rental properties, mainly apartment buildings, and not common interest developments. J & N Realty, Inc.’s managers have decades of experience, coupled with proper formal training, in common interest and planned development.
The impersonal and indifferent stance of some homeowners association, condominium, and townhouse managing agents toward the property they manage has created a wall of separation between the interest of the Association and that of the managing agent. Such an agent does not make an effort to further the interest of the Associations they manage; they are only concerned with increasing the bottom line of their income statements–even if such increase is made at the expense of the operating and management efficiency of the Associations such managers are supposed to guide and protect.
In their search for higher and higher profits, some management companies do not employ enough portfolio managers needed to provide sufficient service levels: The managers are overburdened by handling more Associations than they are able to properly manage–not enough personnel to take care of business. The overworked managers tend to leave the management company after only a few months of employment, creating a revolving door type of environment.
Board Members assert that most property management companies manage the community in a reactive, instead of in a proactive, manner. Managers fail to guide the Boards through the maze of codes and regulations and the relevant federal, state, and local laws and to aid the Board in avoiding potential operational and managerial errors committed daily by untrained and untutored volunteer Directors.
Members of Association communities have been reporting that the property management companies are inattentive and indifferent to the members’ complaints, concerns, and requests, and they offer low level of customer service.
Learning from the negative experiences to which Boards and members have been regularly exposed by their management firms, we decided many years ago to be pronouncedly different in our corporate philosophy and management style and approach to providing our services from most of the other property management companies.
Our managers treat their clients with loyalty, fidelity, and integrity in all aspects of their relationship with them and in all aspects of representing the clients to third parties. We only accept those engagements we can reasonably expect to perform with professional competence. Our competence is derived from education and experience (and errors and mistakes).
The managers of our firm exercise due diligence and professional care in the performance of their duties and render services promptly and carefully with observing all applicable and required technical and ethical standards.
J & N Realty, Inc. has sufficient qualified staff and administrative personnel and formal arrangements with necessary consultants to ensure the capable handling of the interests of our clients.
WHY US – COMPETITIVE PRICES – Although we offer one of the best services in the HOA-management industry, our management fees are known to be below of what is expected from a company of our reputation and service quality.
OUR MANAGEMENT FEES ARE UNBEATABLE . . . . (without cutting corners).
We include lots of free services in our management agreement for which other management companies charge (drafiting operating rules and board resolutions, draw contracts and agreements, etc.).
WHY US – GREAT SUPPORT – Our proactive management style and meticulous attention to detail enable us to provide a high level of managerial and operational support for Board of Directors and to aid them to carry out their fiduciary duties they owe to their Associations.
In California’s Davis-Stirling Act and the Business and Professions Code, there are required disclosures pertaining to common interest development managers. A Common Interest Development Manager is an individual who, for compensation, or the expectation of compensation, provides or contracts to provide management or financial services, or represents himself or herself to act in the capacity of providing management or financial service to a community association.
WHY US – Financial Services are acts performed or offered to be performed for compensation for a community association including, but not limited to, preparing internal unaudited financial statements, internal accounting and bookkeeping functions, billing of assessments, and related services.
WHY US – Management Services are acts performed or offered to be performed in an advisory capacity for a community association. These include, but are not limited to, the following:
- Administering or supervising the financial or common area assets of a community association or common interest development, at the direction of the community association’s governing board.
- Implementing resolutions and directives of the Board of Directors
- Implementing provisions of the governing documents
- Administering a community association’s contracts, including insurance contracts
An individual who is a member of a business entity who acts as a principal on behalf of a company that provides the services of a common interest development manager is considered a common interest development manager.
California law provides that to be called a “certified” common interest development manager, the individual must meet certain educational and testing requirements. A common interest development management firms cannot be a certified common interest development manager. Listing oneself as “certified” or using any other term that implies or suggests certification without having met the legal requirements for certification is an unfair business practice. It is also an unfair business practice to state or advertise that a person is certified, registered, or licensed by a governmental agency to perform the functions of a certified common interest development manager if he or she is not. Additionally, to state or advertise a registration number, unless required by law, is also an unfair business practice.
WHY US – Clarifying Manager’s Role – Homeowners associations should employ only highly qualified professional community managers. An HOA manager has two primary responsibilities: to carry out policies set by the board and to manage the association’s daily operations.
Some residents expect the manager to perform certain tasks that just are not part of the job. When the manager does not meet those expectations, residents naturally are unhappy. Since Boards want residents to be happy, we are offering a few clarifications to help you understand what a manager usually does.
- The manager is trained to deal with conflict, but he or she will not get involved in quarrels you might be having with your neighbor. However, if association rules are being violated, the manager is the right person to call.
- While the manager works closely with the board, he or she is an advisor—not a member of the board. Also, the manager is not your advocate with or conduit to the board. If you have a concern, send a letter or email directly to the board.
- Although the manager works for the board, he or she is available to residents. That does not mean the manager will drop everything to take your call. If you must see the manager, call and arrange a meeting. If a matter is so urgent that you need an immediate response, call the association emergency number or 911.
- The manager is always happy to answer questions, but he or she is not the information officer. For routine inquiries, like the date of the next meeting, please read the newsletter or check the association website.
- The manager is responsible for monitoring contractors’ performance, but not supervising them. Contractors are responsible for supervising their own personnel. If you have a problem with a contractor, notify the manager, who will forward your concerns to the board. The board will decide how to proceed under the terms of the contract.
- The manager inspects the community regularly, but even an experienced manager will not catch everything. Your help is essential. If you know about a potential maintenance issue, report it to the manager.
- The manager does not set policies. If you disagree with a policy or rule, you will get better results sending a letter or email to the board than arguing with the manager.
- The manager has a broad range of expertise, but he or she is not a consultant to the residents. Neither is he or she an engineer, architect, attorney or accountant. The manager may offer opinions, but do not expect technical advice in areas where he or she is not qualified.
- Although the manager is a great resource to the association, he or she is not available 24 hours a day—except for emergencies. Getting locked out of your home may be an emergency to you, but it is not an association emergency. An association emergency is defined as a threat to life or property.
WHY US – Verification of Member’s Reasonable Accommodation Request
From time to time, a condominium association member may ask to do something to accommodate his or her disability – what is known as a “reasonable accommodation.” For instance, an HOA member might claim to need a better parking space due to a physical handicap that makes walking long distances painful. Federal fair housing laws and well as the Americans with Disabilities Act require you to grant reasonable accommodations to the disabled. However, sometimes condo members who are not disabled try to take advantage of the law to get something they are not entitled to – a better parking space or an exception to your homeowners association rules.
The best method to find out whether a request is legitimate is to get verification from the condo member’s health care provider or other qualified professions, such a therapist or social worker. The law lets you do this when reasonable, but you must be careful how you go about it.
WHY US – Notify Members that Manager’s Corporate Affiliate has Won Contract
These days, it is not uncommon for condominium association managers to create ancillary companies in field related to their work as managers. For example, a management company might set up a landscaping company, and though the company names differ, the owner of both companies is the same. It is not unusual for these ancillary companies to bid for proposed projects at the HOA managers’ communities.
Although not necessary, notifying condominium members when the manager’s ancillary company wins a contract is a good idea. Being candid with members has many beneficial long-term effects, just as failing to do so can have negative effects. How you notify your members is up to you. Publishing an article in the community newsletter is one good way; another is to send a letter to the entire homeowners association community.
The letter should tell owners that the HOA has awarded a contract for work to a corporate affiliate of the condominium association manager’s company. The letter should explain the following: who got the contract; the winning bidder is a corporate affiliate of the homeowners association’s management company; and the bidding process. It should also emphasize that no favoritism was shown and that the decision to award the contract to the corporate affiliate of the management company was based solely on the best interest of the condominium property.
WHY US – Board Review of Overlooked Rules
If a predecessor board allowed HOA members to violate important property rules, those members might still believe that it is okay to continue to ignore those rules. A new board that fines or otherwise punishes condo members for engaging in behavior they have been led to believe was acceptable would be unfair. Also, if the rules were revived too abruptly, homeowners association members might refuse to comply. However, if the new board sent members a notice warning them that the board will be resuming enforcement of previously overlooked rules, the board will stand on firmer ground with its members and with the courts if disputes end up there.
Before trying to revive an overlooked rule, it is advisable to ask an attorney whether state and local laws permit it. Some laws do prohibit the enforcement of overlooked rules in certain situations.
The notice to owners should inform the HOA members that the board will be enforcing previously overlooked rules. The notice should stress the importance of community association rules and tell members that the current board will enforce rules that have been overlooked in the past. It should also tell members that rules will not be enforced retroactively and that the board will give members a grace period in certain circumstances.
WHY US – Rules for Records Review and Reproduction by Members
HOA members can have many reasons for wanting to inspect their homeowners association’s books and records. Many of these inspection requests are legitimate and take relatively little office time, but some requests – whether driven by legitimate motives or by a desire to harass the board or manager – can be very cumbersome and time-consuming.
Unless you place reasonable restrictions on the time, place, and manner of inspection, a seemingly straightforward process can turn into a complicated and endless search of your HOA’s books and records, playing havoc with your day-to-day operations. To keep control over the operations of the condominium property, the board should adopt procedures for records and inspection that association members must follow.
WHY US – Conflict of Interest Waiver
Someone who is both a homeowners association manager and a real estate agent or broker may want to offer real estate services to HOA members who want to sell their units. But there may be times when fulfilling one’s duty to one party violates one’s duty to the other party. In other words, acting in the condominium property’s best interest can run counter to acting in the ‘member-seller’s best interest (and vice versa) – thus creating a conflict of interest. When acting for one party to the detriment of the other, the party that got hurt could sue for violating one’s fiduciary duty to it.
State law might require someone who is both a manager and a real estate agent or broker to disclose the potential conflict of interest to the condominium association and to the member-seller. In addition, the Community Associations Institute’s Professional Manager Code of Ethics requires managers to disclose to their homeowners associations any possible conflicts.
Some states bar potential conflict-of-interest waivers. If your state permits potential conflict-of-interest waivers, get the waiver in writing.
A written potential conflict-of-interest waiver provides proof that the individual properly disclosed the potential conflict to the parties. With written proof, a party will not be able to claim that a manager hid his relationship with the other party. However, the waiver will not stop the condominium property association or member-seller from suing if a conflict of interest occurs and the manager does not try to remove himself from the conflict.
How to deal with elevator breakdowns
If a condominium property has an elevator, it is important that the HOA’s employees know the proper steps to take when a passenger-filled elevator breaks down. If the employees do not take the proper steps and passengers get injured during the breakdown, the condo could get sued.
To reduce the chances of facing a lawsuit, develop elevator breakdown procedures if these are not already in place and put them in a memo. The memo should focus on communication with the passengers and wait for expert help.
WHY US – Informing members about renovations
Homeowner association common area property renovation projects can be a nuisance to HOA members. While most members are usually supportive and tolerant of those projects because they realize they help make the condominium a better place to live, not everyone feels that way. One way to keep member complaints and dissatisfaction to a minimum is by being upfront with HOA members and telling them in advance what is happening.
Send every condominium property owner a letter to announce a planned renovation project. The letter tells members about an upcoming renovation project, explains how the project will benefit them, notes when the work will take place and what inconveniences they can expect, and includes a telephone number and an email address for condo members if they have questions about the project and how it will affect them.
How to make your unit more energy efficient
Telling HOA property members how to make their units more energy efficient can help them save money, which might lead to fewer delinquencies. Send a letter to condo members suggesting that they use ENERGY STAR products and appliances and low-flow faucets, showerheads, and toilets. You should also suggest that they insulate walls, water lines, and water heaters, and put weather stripping on doors and caulk around exposed pipes.
WHY US – Basic information about bedbugs
Getting rid of bedbugs can be extremely difficult: they multiply quickly and can move easily form one location to another. Bedbug problems have been spreading in recent years, sparking much concern among public health and housing officials. Successful bedbug control requires preventive measures and quick responses by HOA property owners and managers, intensive pest control service, constant follow-up, and a high level of condominium member cooperation.
WHY US – HOA members’ maintenance tips to prevent leaks
Although homeowners associations often give landscaping and cleaning services priority because the benefits associated with those activities are readily visible, they often ignore preventive maintenance – at their own peril.
Drainage failure and building envelope failure are the main reasons for leaks. Because of mold, the liabilities for leaks and moisture intrusion are costlier than ever for condominium property associations. This reason alone makes preventive maintenance and vigilance for potential leaks a vital concern for condo property association.
Winter and harsh weather can erode your HOA’s buildings. That is why it is wise to review your condominium property Association’s preventive maintenance priorities every spring and to make sure your roof and building exterior will last for many more seasons. In addition to staff, members of the property can do their part to ensure that rain water drains properly from their windows, outdoor balconies, or patios.
WHY US – Recognizing Outgoing Board Members’ Efforts
One thing homeowners and community associations can do to get outgoing can do to get outgoing board members to cooperate with their successors is hold a special dinner or lunch in their honor. Most board members serve because they want to benefit their property and community and will appreciate the recognition of their sacrifices, efforts, and achievements. In conjunction with the dinner, the condominium property may pass an “executive resolution” declaring a day of honor of the outgoing board members. The Executive resolution can be printed up as a simple certificate and framed or made into a plaque.
WHY US – Code of Conduct for HOA Board Members
Homeowners or condominium association board members who act inappropriately can cause big problems for their properties and communities. For example, a board member who harasses or physically assaults another member may cause lawsuits to be filed against the HOA. That is why it is important to take steps to encourage constructive behavior and discourage inappropriate behavior. One way to do this is to create a code of conduct that all board members must follow. A board member code of conduct promotes a more stable environment, thereby making the board more efficient.
A Model Code of Conduct should require board members to do what is best for the condominium property Association as a whole; comply with governing documents and relevant law; hold themselves to high standards; work within the HOA’s framework and refrain from unilateral action; behave professionally at meetings; maintain confidentiality when appropriate; disclose any conflicts of interests; refrain from defaming anyone the property; refrain from interfering with management staff and contractors; and refrain from using member’s keys, except as authorized by the governing documents. The code should also explain how violations of the code will be handled.
To increase the likelihood that your board member will abide by the code of conduct, require each to sign and date a copy before they may serve on the board. In addition, have new board members stand at their first meeting as members of the board, face the community and promise to abide by the code of conduct.
WHY US – Insurance Agent Qualification Form
Buying insurance for your condominium property and understanding insurance policies can be complicated. Most townhouse and townhome property managers count on their HOA insurance agent for advice and for help customize an insurance program that meets the needs of the homeowners association.
The best way to pick an insurance agent is to ask the right question at the beginning of the selection process. Focus on the insurance agent’s experience in the community association industry, the services he can provide, and whether the HOA will be paying a fair premium.
To ask the right questions, send prospective insurance agents a qualification form. In the cover letter, describe the condominium property and explain the management is considering hiring a new insurance agent. Ask the agent to fill out the form.
WHY US – Verification of HOA Member’s Emotional Support Animal Request
In addition to sending a letter acknowledging receipt of a condominium property member’s request for an emotional support animal, it is advisable to included and Emotional Support Animal Request Verification Form, which the HOA member can give to his healthcare provider. In the letter accompanying the form, tell the condo member to sign the Member release portion of the form and then to have his healthcare provider complete the rest of it and return it directly to the community association.
The form will enable to healthcare provider to confirm the homeowners association member’s disability and need for the animal by asking the provider whether in the provider’s professional opinion: (1) the HOA member is disabled; (2) the member needs the animal to have an equal opportunity to use and enjoy the property; and (3) whether the provider would testify in any proceeding related to the member’s need for an animal.
WHY US – Response to Member’s Emotional Support Animal Request
You probably know that your condominium property must grant a disabled member’s request to keep a service animal, such as Seeing Eye dog, to help the HOA member with his disability, even if your homeowners association bans pets or bans the type of pet the member wants to keep. However, according the federal fair housing law, you may have to grant some disabled members’ request to keep an animal even if the animal has no training at all relevant to the condo members’ disability. These animals are called “emotional support animals” or “companion animals.” Although federal law does not require you to grant every emotional support animal request, you will need to be able to weed out improper requests from legitimate requests.
A letter should be sent to the disabled HOA member, acknowledging the receipt of his request to keep an emotional support animal. The letter should state the homeowners association’s policy on reasonable accommodation requests and should ask the member to have a healthcare provider complete and return an enclosed Emotional Support Animal Request Verification form and should tell the member that the HOA will respond to his request within 15 business days of receiving the completed form from the condominium member’s healthcare provider.
WHY US – Members Get Contractor’s Quality Assurance
Before most homeowners associations hire contractors, they require them to prove that they are licensed, insured, and otherwise qualified to work in the property. What about when one of your members hires a contractor to work in his unit, and the contractor gets injured, or another member is injured by the contractor’s shoddy work? Even if the HOA’s liability insurance covers the loss, the community still suffers.
To protect the condominium property from claims, require your members to get from any contractor they hire a signed “quality assurance” agreement before that contractor may start work on the unit. Most homeowners associations require members to get the approval of the board before doing any significant work in their units. So when HOA members seek that approval, you can tell them that to get it, they must first sign the agreement to protect the condominium property from liability when a member hires a contractor to work on his unit.
The agreement should require the contractor to be properly licensed; have all the necessary permits and approvals before beginning work; be properly insured and furnish copies of the insurance policy; the contractor’s insurance is primary and that the contractor will indemnify the HOA against any damage.
WHY US – Community Bulletin Board
A homeowners association may use bulletin Boards to post meeting agendas, reminders about upcoming events and renovations, and other noteworthy information for HOA members. Letting members post on a bulletin board can cause problems. For example, what if the material a member posts is objectionable to others? What if members remove other people’s postings to put up their own? One way to avoid problems is to set rules that members must follow to be able to hand postings on a condominium property bulletin board.
The rules ban the posting that may violate fair housing law; posting related to illegal or illegitimate activity; profane or pornographic materials. On an administrative level, the Board of Directors should have to approve postings; limit the time postings can stay up; limit who is allowed to put up and remove postings; and limit the size of postings.
WHY US – Common Areas
Common areas play a major role in a homeowners association’s success. They are the neighborhood that all the members share and that visitors and prospective buyers see first. However, your members may be causing problems in your common areas inadvertently or otherwise; for example, leaving garbage out, storing personal property, and so on. You do not want members making nuisances of themselves in you common areas or leaving their belongings in them. Careful development of common area rules reminds members that the common areas are part of the condominium property, and that they are responsible for their actions there, as well as in their own homes.
A letter should be sent to owners. The letter would bar members from leaving garbage, refuse, or personal property in common areas. You would be given the right to remove anything that members leave in common areas and the authority to charge members for storing items you remove. It would also say that members may not create nuisance in common areas. Finally, it would state that members bear “joint liability” for violations of these rules.
WHY US – Option to pay assessment over time
Some homeowner associations give their members the option to pay their share of a special assessment over time, rather than in one-lump sum. This practice can be especially helpful to members when the association is imposing a large special assessment. Before a homeowner association offers its members the option to pay their share of a special assessment over time, it should consult an attorney to find out whether the governing documents permit it.
In California, associations must pass a board resolution to impose a special assessment on its members. A resolution should include the amount of total assessment, tell members they can pay their share in a lump sum, and set a due date for such payments. It should also set a grace period for members who do not want to make a lump-sum payment, an interest rate these members must pay, and penalties these members will incur if they default.
WHY US – Announcing special assessment to members
Occasionally, a community association may have to impose a special assessment on its members. Sometimes, members may balk at paying a special assessment, especially if they are on a fixed income. One way to prevent such the problem is to send a carefully worded letter to members announcing the special assessment. A letter should cover the following points as a minimum: tell the members that the board is imposing a special assessment and explains why it is necessary; cite an example of an unbudgeted expense that the board paid without resorting to a special assessment; expresses the board’s regret for imposing the special assessment; explains payment options to making a lump-sum payment; warns member they can be fined for late payment or nonpayment; and tell member whom to contact with questions.
California law requires associations to hold a special meeting of the board or members before imposing a special assessment. Consult with your attorney to find out what your state’s law says. It is also advisable to show the letter to your attorney before adopting it for use at your HOA.
Seller’s and buyer’s release and indemnification before providing resale disclosure packet
Many HOAs and condominium associations give a resale disclosure packet to the prospective member when an existing member is in contract to sell his unit but has not yet closed the sale. These packages can contain items such as the governing rules, annual budget, and so on, depending on the HOA. Providing a packet can help both the manager and association avoid problems association with disappointed buyers. Despite the benefits of providing a resale disclosure packet, many attorneys advise their clients against doing this unless the HOA is located in a state that requires an association to disclose certain facts to prospective buyers.
The indemnification letter allows a condominium association to provide a resale disclosure packet to new member without risking liability. It gives you the permission of both the seller and buyer to provide a package; release the homeowners association from any liability for problems that anything in the packet might cause; and indemnifies the homeowners association against losses occurring as a result of anything in the packet. It is important that both the buyer and seller sign in before the HOA provides a resale disclosure packet.
WHY US – Member’s Access to Ballots and Other Election Records
After an election, HOA members often ask to inspect the ballots and other election records, such as sign in sheets, ballots, proxies, and tabulations. Usually, the people making these requests are candidates who were defeated in the election or people who voted for candidates who were defeated.
Although you must grant these requests, for the most part, it is essential that you have control over the ballot-inspection process to minimize any time wasted by repetitive inspection requests of with an inspection that drags on for months.
A Ballot-Inspection Rules board resolution should be drafted to help you control condominium members’ access to the ballots, and other election records after the election are held. The Resolution should specify particular treatment for secret ballots; require all ballot-inspection requests to be made in writing; set limitation on how often condo members can make ballot-inspection requests; who has authority to inspect ballots; specify the time by which requests must be made after an election; and set the time, place, and scope limitations on inspections.