Annual elections are always tense, but following these HOA election rules will make them easier. Like any electoral process, there are rules to follow and pitfalls to avoid. Your association could get into serious trouble if any legal mistakes are made during HOA election day or the campaign period. There are problems to be addressed in the run-up to the vote.
Find out what rules you should create to make the election process easier and more transparent.
What We’ll Cover
Ensure You Follow The Correct HOA Election Rules
Typically your HOA’s bylaws state how many positions there are on the board, and what to do if one board member resigns. This is very helpful, but it’s not enough for elections. You need to ensure that you’re following your State’s laws around HOA elections. Your manager and attorney will be able to help you on that front.
For instance, in Florida, you must give at least 60 days’ notice of the election to owners. In California, 105 days before the election you need to send a notice out with the nomination procedure, deadline, and the date of the election. Make sure you check your state’s laws on HOA elections and check that you’re following them properly.
The HOA election rules should tell homeowners how to run. All candidates must also have equal access to association media, eg newsletters, and posts on social media. They must specify the nomination procedures and the candidates’ qualifications.
The rules should be drafted as an attorney. This is because they’re not as simple as incorporating some points from the applicable statute. HOA Election rules must comply with the law and be tailored to work with the association’s other governing documents. If called into question the defense will cost far more than what the investment would have been to hire an attorney to do the drafting.
Follow Election Law
If your community fails to adopt and publish their election rules it exposes you to potential liability suits. If sued, then any vote or election could be nullified. This can cause a lot of legal problems for your association. If you’re unsure about the rules, then you should read your State law about HOA elections. You should also consult an attorney to make sure that your community complies with the law.
Having HOA voting rules in place is mandatory for all elections, not just those for board seats. Their absence can potentially void special assessment votes as well as governing document approval. It may also send the association to the Small Claims or Superior Court. The board should talk to an attorney if you’re worried about your HOA voting rules.
For example, influenced by Florida’s HOAs and Condo’s latest regulations, our new Board Elections feature was created for a seamless and secure voting process! Whether you prefer Open Voting for full transparency or Anonymous Voting to safeguard privacy, Neigbrs has you covered. Here’s how it works:
You must create an electoral roll, including eligible voters’ information, and their contact details. This information should be as up-to-date as possible. If someone has moved out, then they need to be removed. Then, properly announce the positions that residents can run for in accordance with the law. You need to tell them how to appoint a proxy and how to submit their ballot.
Spread the Word
With HOA election rules in place, the next challenge is advertising. Initially for candidates and then regarding the election itself. Unfortunately, participation in HOA elections is often very low. So it’s important to spread the word as far and wide as you can to get as many homeowners as possible involved.
You can use your website to get the word out about your election and encourage residents to stand for election, and to vote. You can also talk to people who you think would be a good board member, and who come to meetings regularly. Sometimes the candidates need to collect signatures to be able to stand for election in the first place. If you have an online portal, then it might be a good place for candidates to do that.
For the actual election, you have to follow the rules in the bylaws. The board can decide whether to vote electronically or by secret ballot in person. They can also decide whether to allow proxy voting or not. If you allow proxies, it can be a good way to reach a quorum. However, they are open to abuse from candidates who might collect them to vote for themselves.
Afterward, the votes have to be counted, either in a board meeting or an annual membership meeting. For both meetings, there needs to be a quorum, or a minimum number of people present. This way residents can observe the counting of ballots or the results of the voting if it was online. This ensures that they see that it is a fair and transparent vote. However, they can provide a written request to recount ballots if necessary.
Post-Elections
After the election is finished, board members must organize themselves. In Florida, outgoing board members need to return all documents within 5 days. After that, new board members have 90 days to do a certification course. They also have to certify that they have read the association’s bylaws and that they will uphold them. This is the start of a process of getting used to their responsibilities and making changes in their community.
Even if your State doesn’t require you to do a certification course, you should spend some time learning about your HOA’s governing documents so that you can be the best board member possible.
Frequently Asked Questions on HOA Election Rules (FAQ)
1. What are the HOA elections rules?
HOA elections must comply with both the association’s governing documents and the applicable state laws governing community elections. The board cannot rely solely on the bylaws because state law may require specific notices, timelines, voting procedures, and candidate rules.
2. When should homeowners be notified about an election?
That depends on your state law and your governing documents. Some states require notice far in advance, so the board needs to check the legal deadlines early and make sure owners receive all required election information on time.
3. What should HOA election rules include?
They should explain how candidates can run, who is eligible, how nominations work, how voting will happen, and whether proxies are allowed. They should also make clear that all candidates have equal access to association communication channels.
4. Can an HOA allow proxy voting?
Yes, if the governing documents or applicable law allow it. Proxy voting can help the association reach a quorum, but it must be handled carefully because it can be abused if the process is not properly monitored.
5. How can we get more owners to vote?
The board needs to clearly and repeatedly promote the election through the website, portal, notices, meetings, and other community channels.
6. What happens after the HOA election?
After the election, votes must be counted according to the rules, results should be shared transparently, and new board members need to get organized quickly. They should review the governing documents, understand their responsibilities, and complete any state-required certification or training.
Wrapping Up: HOA Election Rules
Organizing HOA elections isn’t an easy task. You need to respect your HOA’s election rules and your state’s laws. You must also follow the association’s specific rules. If you don’t have any yet, then it’s even more difficult. However, it can be done well if the board works as a team. Having an online communication portal can help you to coordinate all the tasks that need to be done.
Vinteum is an award-winning communication portal. We focus on communication between boards and residents. You can add documents and send notices to residents in the run-up to your election. We create a personalized website and set up a secure portal for you. Book your free demo to find out how we can help you!
