Election results
A vote count is not the same thing as an official result.
Election results become official only after ballots are tabulated at a scheduled, open meeting that members and candidates may observe. The inspector of elections reports the outcome to the board first, then the association must give general notice to the membership within a set window. Until that reporting happens, no result is final.
Counting happens in the open
An election is not finished the moment ballots stop arriving. Someone still has to count them, and that count has to happen where members and candidates can watch. An independent inspector of elections receives, validates, and tabulates the ballots, usually at a meeting scheduled and noticed for that purpose.
"All votes shall be counted and tabulated by the inspector or inspectors of elections" at a "properly noticed open meeting."
Source: California Civil Code, Davis-Stirling Act, Section 5120, California Legislative Information
Nobody gets an early look, not the board, not the management company, not a curious candidate. And once the inspector has a ballot in hand, the voter who cast it cannot take it back, even if they call the next day and change their mind.
Reporting: board first, then everyone
A count nobody hears about is not much of an announcement. Some states require the outcome to go to the board right away, recorded in the minutes of its next meeting, and then to every owner through a separate general notice.
"Within 15 days of the election, the board shall give general notice."
Source: California Civil Code, Davis-Stirling Act, Section 5120, California Legislative Information
How long your association has after the vote to send that general notice varies by state, so check your own election statute for the actual deadline. Do not assume a number you read about in one state's law applies in yours.
A result can still come undone
An announced result is not always the last word. If the top two finishers tie, most parliamentary authorities treat that as a failed election requiring another round of voting rather than something the chair can break by their own vote. See how ties get resolved. A member also typically has a limited window after the announcement to challenge the process itself; see challenging an election for what that involves. Until those windows close, treat a freshly announced result as provisional.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
Two weeks before the scheduled ballot count, a board member asks the management company to peek at the returned ballots so the board can prepare. What should happen?
The election is over and a winner is clear. The board wants to skip a separate announcement and let owners find out by reading the next meeting's minutes. Is that enough?
A member drops off her ballot, then calls the office the next day asking to change her vote before the count happens. What should happen?
Sources
- California Civil Code, Davis-Stirling Common Interest Development Act, Article 4, California Legislative Information
- Tie vote fails, Jurassic Parliament (Ann Macfarlane, Professional Registered Parliamentarian)
Related elsewhere in the Academy
Elections
Curious what can still unwind a result you thought was final? Read about ties next.
How long the board has to notify the membership, and exactly who counts as receiving proper notice, vary by state and by your own bylaws. Check your state's election statute and your governing documents for the number that actually applies to you.