Election Process

HOA Elections: What, When, and Where

Homeowners associations operate much like nonprofit corporations, with a set of board members calling the shots. These board members are democratically elected into office by the members of the association following a nomination period. Members typically vote by HOA board election ballot, with in-person elections normally permitting the use of proxies.

The details of the HOA board elections process can vary from one association to another, with state laws and the HOA’s governing documents dictating the proper ways to go about it. More often than not, board members also have staggered terms so the HOA can avoid having a complete change of the board. This way, new board members can receive guidance and advice from existing board members. The term limits of board members and officers will also depend on the HOA’s bylaws.

HOA elections usually happen every year at the annual membership meeting, though this can also vary from community to community. Again, for a more comprehensive list of election guidelines for homeowners association, it is best to refer to the HOA’s governing documents.

The HOA Nomination Procedures

There are several ways candidates can be nominated to run for the HOA board. Some associations allow all of them, while others only allow a select few.

State laws and the governing documents will help shed some light on what type of nomination procedures the HOA should use. Keep in mind that utilizing a procedure that an HOA does not allow might void the elections altogether. In the end, the association will need to repeat the election process using the approved methods.

Nominations usually start with a notice or call for candidates. This notice should include the open positions on the board, the guidelines for nomination, the qualifications of candidates, and the deadline for submitting nominations. The HOA board will need to distribute this notice a specified number of days ahead of the deadline, which will depend on state laws and the governing documents. California law, for example, requires HOAs to send the notice 30 days in advance.

Following the announcement, members then have their chance of nominating candidates. The association may require members to fill out an HOA board nomination form, which may or may not include an option to self-nominate. Other associations only ask that members send a formal letter of nomination.

Types of Candidate Nominations

Before any HOA board member elections can happen, candidates will have to be nominated. Generally, there are three methods of nominating candidates:

1. Self-Nomination

As the name suggests, self-nomination is when homeowners submit their own names for candidacy. While some HOAs don’t allow this, there are states that have enacted laws to protect the right to self-nominate. One such example is California under Civil Code Section 5105, which deems HOA election procedures unreasonable if they prohibit self-nominations.

2. Floor Nomination

A floor nomination happens when an HOA calls for nominations during a meeting. To make floor nominations valid, the HOA must first establish a quorum. Once the board president opens the floor for candidate nominations, members can begin nominating people. Nominations don’t need any second motions, though nominated candidates must still possess the right candidate qualifications.

If voting has already transpired prior to floor nominations, those who have already cast their votes can no longer vote for those nominated at the meeting. Ballots are typically considered irrevocable once they have been submitted.

3. Write-In Nomination

A write-in nomination happens when members write down their nominees directly on the ballot. If the write-in candidate earns enough votes to win, then the association must acknowledge their victory. The HOA should then proceed to inform the winner of the election results, at which point the winner will have the choice of either accepting the position or rejecting it.

Homeowners associations that don’t allow write-in nominations in their governing documents should make this clear to all members during the election season. This way, members will not waste their votes and invalidate their ballots.

Candidate Qualifications

The bylaws of a homeowners association should contain detailed qualifications for candidates. Two of the most common qualifications include:

The candidate must be a member of the association at the time of the nomination; and,
The candidate must be in good standing. In other words, they must not have any unpaid dues, assessments, or fines.

Some associations set parameters that may disqualify candidates. For example, an HOA may not allow a member to run for the board if they have only lived in the community for less than a year. There are also associations that don’t allow spouses to serve on the board at the same time.

Announcing Candidacy and Campaigning During HOA Elections

Candidates can make their candidacies and platforms known by completing a candidate statement. This statement should introduce the candidate’s name and explain a bit of their background.

A good introduction can help candidates connect with voters and make them stand out from their competition. The statement should also include the qualifications of the candidate. In other words, it should highlight the skills and accomplishments of the candidate. Homeowners don’t want to place unqualified members on the board.

Finally, the candidate statement should describe the platform of the candidate. It should detail their objectives and goals, the issues they want to address, and how they intend to achieve all of this. A good leader should have a realistic plan for the future of the community.

Not all homeowners associations organize an event for members to meet the candidates running for the board. Even with such an event in place, it is unlikely to see 100% attendance. As such, a candidate statement is the best way for voters to get to know the candidates and what they stand for.

A Smooth and Effective Election

It is imperative that everyone in the community understands what exactly goes on during HOA elections. This way, the association can hold a smooth election season each time. The HOA board can also facilitate an easier process if it makes an effort to educate homeowners.

Project HOA assists homeowners associations and condominiums by providing expert HOA management solutions, including help with board elections. Contact us to learn more.

Plan Ahead for the HOA Election

Beginning January 1, 2020 and moving forward, the timeline for director elections will be extended. Boards of directors and inspectors of election should expect them to take about 105 days. Previously, everything could be calculated from the annual meeting date. Now, dates are based on the next act in the election sequence.
NOTE #1: Check dates on the calendar to avoid mailings on weekends and holidays and don't space your deadlines too tightly or you may miss deadlines.
NOTE #2: Election rules cannot be amended less than 90 days prior to an election. (Civ. Code §5105(h).)

SELECT PROPOSED VOTING DEADLINE

Select a date for the voting deadline. It should be at least 105 days after you plan to mail the nomination procedures and deadline. You may need to adjust the voting deadline date at the end of this process or restart with an earlier nomination procedures mailing date. Most associations have the voting deadline on the same date as the ballot counting meeting/annual meeting, but some count ballots at a later meeting.

NOMINATION PROCEDURES

At least 30 days before deadline for nominations, send general notice (individual notice, if requested) of nomination procedures and deadline. (Civ. Code §5115(a).)

Recommendation: Select a mailing date at least 105 days before voting deadline. Select a deadline for submitting nominations at least 30 days after the mailing date. For mailed nominations, election rules may require actual receipt by the deadline or may require a postmark by the deadline with actual receipt some number of days later.

INSPECTOR OF ELECTIONS

The statutes specify no time frame to select an inspector of elections, except that the inspector must be selected before the pre-ballot notice.

Recommendation: Select an inspector 70 to 75 days before proposed voting deadline to be safe.

PRE-BALLOT NOTICE

Per Civil Code §5115(b), at least 30 days before the ballots are distributed, send general notice (individual if requested) including:

• Date, time and physical address to mail or hand deliver ballots in inspectors

• Date, time and location ballot counting meeting

• List of candidates to appear on the ballots;

Recommendation: Select a mailing date about 5 days after the nomination deadline. This allows time to receive mailed nominations (especially if you are requiring postmarks) and update the ballots. Note that some associations have ballot counting meetings after the voting deadline.

MEMBER REVIEW FOR ACCURACY

At least 30 days before the ballots are distributed, permit members to verify the accuracy of their information on the candidate list and voter list. At an undefined time thereafter, the association or member must report errors or omissions. The inspector(s) must then change and correct lists within two (2) business days of any error or omission being reported. (Civ. Code §5105(a)(7).)

Recommendation: By statute, the right to verify the lists begins in the same time frame as the 'candidate list' must be distributed as part of the pre-ballot notice. So, the verification period should begin at least upon the members' receipt of the pre-ballot notice. The Association should also have a voter list available during verification period based on the information available at any given time. Election rules should provide that reports of any errors or omissions be made early enough to allow for changes and corrections to be made before the ballots are distributed. 40 days before the voting deadline should be adequate.

DISTRIBUTION OF BALLOTS MATERIALS

At least 30 days before the deadline for voting and at least 30 days after the preballot notice was sent, the inspector or inspectors of election, or the association, must mail by first-class mail or otherwise deliver the ballots and two preaddressed envelopes with instruction on how to return ballots to each member of the association. Recheck voting deadline date now to be sure you have enough time. If not, readjust to allow more time. In the same time frame, the inspector or inspectors of election must deliver or cause to be delivered the election operating rules. Such rules may be delivered (1) by individual delivery (Civ. Code §4040) or (2) by posting the rules on an internet website and including the website address (URL) on the ballot with the phrase, in at least 12-point font: "The rules governing this election may be found here:" Ballot envelopes received by the inspector must remain sealed until counting begins, but they may be logged in.

Recommendation: Because Civil Code §5105(g)(1) requires the association to provide a ballot to anyone who is a member "at the time when ballots are distributed," a completely accurate voter list cannot be determined before the date ballots are distributed. Therefore, associations should finalize and maintain a copy of the voter list as of the date ballots were distributed.

ANNUAL MEETING

*Establish quorum (not necessary if bylaws amended to eliminate quorum requirement).

*Meeting called to order.

*Call for any additional casting of ballots and then close balloting (if voting required at meeting).

*Inspectors open and count ballots.

*Results announced; also posted within 15 days.

*Board holds an organizational meeting to elect officers.

AFTER THE ELECTION

The sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the member’s authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.

Election Process

HOA Elections: What, When, and Where

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