Why Election Rules Are Needed For The Homeowners Association

After going through the lengthy and expensive process of getting a new HOA board, some members start a discussion on the homeowners association website.  Quickly, various members dispute the election and threaten to bring a civil action if the board is not removed and the election results voided.  Often, their reason for doing this solely revolves around the homeowners association not having election rules.  Ensure this never happens to your HOA and use the following as a guide.

 

Even after following the CC&R’s and other governing documents, election results can indeed be voided if the HOA’s rules regarding elections aren’t in line with the Civil Code.  This issue particularly affects votes involving the removal or selection of directors, special assessments, changes in the bylaws, and more.  The situation can be especially chaotic if the new board’s actions are nullified.

 

The election rules are typically drafted by lawyers, but perhaps you feel that your HOA won’t be able to afford one.  The problem is the draft must comply with government legislation on this matter, failure to do so means it will be regarded as invalid.  The qualifications of directors, secret balloting, and the procedures of nomination are some of the issues that should be covered in the document.

 

No matter how small or new the HOA may be, never hold elections without having election rules in place that are aligned with the law.  Otherwise, one member might rebel and use the homeowners association website to get others to help them call for the board to be removed.

When drafting the election rules, always contact an attorney beforehand and ask for help on the matter.  If funds are limited, try to come up with a way to pay for legal services because the cost might end up being too high should you hold elections without the proper election rules in place.