Great Valley Election Inspectors LLC
Election Inspector Services Terms and Conditions
June 9, 2025
1 GVEI is engaged by a condominium association, a homeowners association, or other common interest development (the “Association”), as provided in GVEI’s most recent proposal, to provide election inspector services under California Civil Code §5100 and following, for its upcoming election. GVEI will designate a qualified individual to provide inspector services to Association together with, at GVEI’s option, one or more assistant inspectors. GVEI, its designated inspector and assistants are collectively referred to as “Inspector”.
2 GVEI’s engagement shall continue until:
– the conclusion of the election and submission of Inspector’s election report to Association; or
– termination of the engagement as provided below; or
– Inspector determines that Association has abandoned the election or the election cannot be carried through, as provided below, and submission of a report to that effect to Association.
3 GVEI’s engagement to Association is expressly conditioned on: adoption of an election date no earlier than that stated in the proposed timeline and all other action required of Association’s board of directors; and on Inspector’s review of Association’s election rules, governing documents, membership list, and other information Inspector deems pertinent, following which Inspector may terminate the engagement without penalty and without cost to Association.
4 Association agrees to indemnify Inspector and hold them harmless for all third party claims (including those by Association’s members), complaints, challenges, cross-complaints, and/or demands, arising out of or in any way related to Inspector’s and associated personnel’s acts and/or omissions which might occur while acting as an Inspector of Elections for the Association (collectively, “third party claims”). In the event that any third party claim is made upon Inspector, they shall promptly tender it to Association and Association shall indemnify and hold Inspector and associated personnel harmless for any and all costs, loss, and/or expense incurred by any of them and arising out of or related to the third-party claim.
5 The total liability of Inspector and their associated personnel to Association and all other claimants, whether tort, contract or otherwise, is expressly limited to the total paid to GVEI by Association under this Agreement.
6 Association will pay GVEI the fee stated in the proposal, half upon GVEI’s engagement and the remainder upon: delivery of Inspector’s report of the election’s results or abandonment, or the replacement of Inspector by another election inspector. Association shall also pay on demand: Inspector’s out-of pocket costs for services provided in excess of those reasonably anticipated; and $150 for each meeting of the members or board of Association Inspector attends after the first two.
7 Association will provide all information reasonably requested by Inspector, including copies of election resolutions and notices, current member (owner) list with unit address, election rules, all parts of the bylaws and other governing documents which bear upon elections, and the election location, date, and time. Association will also provide a contact person for communication with Association, and will otherwise cooperate as reasonably required.
8 Association understands that the accuracy of the electronic list of members and their information provided to Inspector is fundamental to Inspector’s ability to provide services to Association. Association certifies that the list of members and their information supplied to Inspector is complete and accurate as of the time of delivery, and will be updated promptly when Association becomes aware of any changes, additions, or deletions required to make it so during the term of GVEI’s engagement.
9 Inspector may rely on statements from the Association’s managers or directors if election-related documentation is not readily available.
10 Unless the proposal provides that it will be done by Inspector, all notices, ballots, voting envelopes and other materials to be provided to the members of the Association will be prepared and sent at the Association’s expense, subject to prior review and approval by Inspector.
11 Association is encouraged to provide two or three members, who are not candidates, officers or directors of the Association, as monitors at the election meeting to observe as votes are counted.
12 If Inspector attends the election meeting in person, Association will provide reasonable working space for counting ballots and Inspector’s other duties, a reliable wifi or ethernet internet connection, and access to an electrical power outlet. If inspector attends remotely, Association will provide a Zoom or other acceptable remote meeting audio and video method for Inspector to attend.
13 To comply with Inspectors’ obligations to archive election records under California Civil Code section 5125, GVEI will take reasonable measures to safeguard paper ballots, mailing return envelopes, and other documents for the required one year. GVEI will then offer to return those documents to Association or its manager, as directed, at no expense to the Association. If GVEI does not within 30 days receive written instructions from the Association or its manager to return the documents, GVEI will safely dispose of them.
14 Inspector serves at the pleasure of Association, and GVEI’s engagement may be terminated by Association’s board of directors, with or without cause, at any time, upon written notice to GVEI. GVEI may, for cause, terminate this engagement at any time by written notice to Association. Sufficient cause includes an inability, as determined by Inspector, to carry forward the election in a transparent, expeditious, fair and orderly manner to a conclusion due to:
– failure by Association, its officers, directors or managers to reasonably cooperate;
– failure of the Association to disclose pertinent and accurate information;
– dissension among the members of the association; or
.- Association’s board invoking acclamation procedures in lieu of balloting; or
– a change in the circumstances of the election outside Association’s and Inspectors’s control making the election either infeasible to carry it out according to law and Association’s governing documents and election rules, or making it moot, superfluous or otherwise ineffectual.
15 On termination of GVEI’s engagement, the full agreed fee is due and payable immediately; and Inspector shall retain all election documents and electronic records, including opened and unopened ballots, until a successor election inspector is engaged by Association, upon which they shall be transferred to the successor inspector, or Inspector determines that Association has abandoned the election, in which case Inspector shall retain the documents and electronic records as provided in California Civil Code section 5125.
16 Together with the proposal, these terms and conditions constitute the entire agreement between GVEI and the Association, and may only be modified by a writing explicitly agreed by Association and GVEI. The agreement is the result of discussion between Association and GVEI, and neither shall be deemed its drafter.
17 In the event of litigation arising out of the rights and obligations of the Association and GVEI, the prevailing party shall be entitled to an award of its reasonable attorneys fees and costs.