§ 11B-118

(a) (1) Elections for the governing body of a homeowners association, including the collection and counting of ballots and the certifying of results, shall be conducted by independent parties who:

(i) Are not candidates for positions on the governing body of the homeowners association in that election; and

(ii) Do not have a conflict of interest regarding any candidate in the election.

(2) (i) Unless property management for a homeowners association, or a parent association of the homeowners association, is owned by the homeowners association, representatives of the homeowners association’s property management are not independent parties.

(ii) A lot owner is an independent party if the lot owner:

1. Complies with the requirements of this subsection;

2. Does not electioneer for any candidate; and

3. Is not subject to an objection by more than 25 percent of the eligible voting members of the homeowners association.

(iii) The homeowners association may retain a third–party vendor or employ a commercial technology platform to conduct the election.

(b) Individuals conducting an election shall make reasonable efforts to ensure that the election is fair and that there is accountability for the process and the results of the election.

(c) A lot owner designated to conduct an election who acts in good faith has no personal liability in connection with the conduct of an election.

(d) Provisions of the governing documents, rules, or regulations of a homeowners association relating to the conduct of elections that are inconsistent with the requirements of this section are void and unenforceable.