The HOA election of officers is an essential process in any homeowners association. It determines who will lead the community. HOA boards rely on fair elections to maintain order and trust. Associations must follow legal and procedural rules during every election, and these rules can differ depending on both state laws and the HOA’s own governing documents.
What is the HOA Election of Officers?
The HOA election of officers refers to how board positions are filled by members. These roles often include the president, vice president, secretary, and treasurer. Officers are usually chosen from among the elected board members. They perform duties set forth in state laws and the governing documents.
Elections may happen annually or as terms expire. The board oversees the process unless state laws or the election rules require a neutral third party. Homeowners usually vote during an annual meeting. Members with voting rights can nominate candidates and cast ballots. Associations can use various methods to collect votes, such as mail-in ballots or in-person voting.
Additionally, the number of votes needed to elect an officer depends on the governing documents. Some require a majority, while others need a plurality. Tie-breaking procedures should also be in place. Officers typically serve fixed terms, but most HOAs allow reelection.
Are There Laws That Regulate HOA Elections?
Both state laws and the association’s governing documents, typically the bylaws, regulate HOA elections. Most states allow HOAs to make their own rules unless a conflict exists. The governing documents usually contain election procedures, qualifications, and rules.
It is important to remember that state laws still apply. Some states have more detailed requirements for how elections should proceed, while others only offer a general guideline. These requirements can cover everything from ballot types, notice periods, quorum, and open meetings. It is worth noting that state laws will always override any conflicting rule in the governing documents.
States like California and Florida have detailed HOA election laws. Meanwhile, other states offer more flexibility. Homeowners associations should consult an attorney to ensure compliance, as boards that violate election laws may face legal consequences.
The law may also require a specific timeline. For example, ballots might need to be mailed 30 days before the election. Candidates may also have the right to campaign or send mailers. Restrictions on campaigning must also comply with state and federal law.
HOA Election Rules in California
In California, Civil Code Section 5105 covers elections within an HOA community. This statute sets specific standards for the rules of HOA election of officers. Here’s what to include in HOA election rules.
Equal Access to Communication Platforms
If the HOA lets any candidate use things like newsletters or the website to campaign, all candidates must get the same access, even if the board doesn’t support them. The HOA can’t censor or edit what they say, but it can post a disclaimer saying the candidate is responsible for their own content.
Access to Common Areas for Campaigning
If the HOA has a clubhouse or meeting room, it must let all candidates and members use it for free to campaign. This includes people the board doesn’t support. Access must be equal and fairly offered.
Candidate Qualifications
The election rules must clearly explain who is allowed to run for board positions. These rules must match the HOA’s governing documents.
An HOA can disqualify someone from running for the board, but only under certain conditions. The HOA’s bylaws or official election rules should clearly indicate these conditions and qualifications.
- The HOA can require that anyone running for the board must be current on their dues and special assessments.
- If two people jointly own the same property, only one of them can serve on the board at a time.
- The HOA can block someone from running for the board if they’ve been a member for less than one year.
- A candidate can be disqualified if they have a past criminal conviction that would prevent the HOA from getting board insurance.
Nomination Procedures
The election rules must explain how members can nominate themselves or others. No rule can stop a homeowner from nominating themselves.
Voting Rules
Election rules must explain who is allowed to vote, how much each vote counts, how proxies work, how long the voting period lasts, and what times the polls open and close. These rules must align with the HOA’s governing documents.
Choosing Election Inspectors
Election rules must describe how the HOA will select an election inspector. The board, the homeowners, or another fair method can choose the inspector.
Inspector’s Role and Help
Inspectors can pick other people to help them verify signatures and count votes, but they must be independent third parties. That means they can’t be board members or interested parties.
Voter and Candidate Lists
The HOA must create and keep a candidate list and a voter list. The voter list must include the name, voting power, property address or parcel number, and the mailing address for the ballot (if different). Homeowners must be allowed to check their information at least 30 days before ballots are sent. If there’s an error, the inspector must fix it within two business days.
No Denying Ballots
The HOA can’t refuse to give a ballot to any current member. The only reason to deny a ballot is if the person is not a member when ballots go out.
Voting by Power of Attorney
An HOA must allow someone with a general power of attorney to vote, and if they return the vote on time, the HOA must count their vote.
Sending Ballots and Rules
At least 30 days before the election, the inspector must send the official ballots and a copy of the HOA’s election rules. The HOA can deliver the election rules in two ways: mail a printed copy with the ballots, or post them online and print the website address on the ballot. The website link must include this sentence in 12-point font: “The rules governing this election may be found here.”
Where to Make HOA Election Rules Complaints
If an HOA fails to follow election rules, homeowners can take action. Complaints should begin at the association level. Homeowners should send a written complaint to the board or HOA management company.
If the board ignores the complaint, homeowners have other options. In California, owners can file a complaint with the Department of Consumer Affairs and request an internal dispute resolution (IDR) meeting.
If the issue remains unresolved, homeowners can pursue legal action. For minor violations, homeowners can go to small claims court, but more serious cases might require a lawsuit in civil court. Keep in mind that lawsuits are lengthy and expensive, so they should come as a last resort.
Homeowners associations that violate Civil Code Section 5105 may face court orders or penalties. If the HOA broke the law, a judge may require a new election. Owners may also recover attorney fees in some cases.
Outside California, complaint procedures vary by state. Many states offer mediation or ombudsman services, and some require arbitration before homeowners can file a lawsuit.
Navigating the HOA Election of Officers
Elections play an essential role in every HOA community, so it is vital to implement election rules. These rules can vary from one association to another and depend on state laws. California provides a comprehensive guide that HOAs outside the state can emulate.
Clark Simson Miller offers remote HOA management services to communities across the country. Call us today at 865.315.7505 or email us at help@csmhoa.com to get started!
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