Many delays and issues related to board transitions and association governance can stem from a failed HOA election. But why do they happen, and how can your association prevent them?
What is an HOA Election?
Your association’s election is the formal process wherein residents vote for your HOA’s board members. This allows homeowners to choose which volunteers they believe are responsible enough to govern the association and care for the community.
The proper electoral procedures are usually outlined in the HOA’s bylaws or election policy, as well as in state law, which, in California, is the Davis-Stirling Act. The process should mention which members can vote and what the candidate requirements include. It should also contain details about other election-related factors, such as proper notice, vote counting, proxies, and quorum.
An HOA election is valid only if the association follows all applicable procedures and complies with election requirements.
Why Do Failed HOA Elections Happen?
There are several points in the HOA election process where it can fail. Here are some of the most common ones to remember:
Low Owner Participation
One of the most common causes of any HOA election is low homeowner participation. This usually stems from resident apathy. Many members of the HOA don’t believe participating in the election will have an impact on them. Others believe there would be enough voter turnout anyway, so they wouldn’t bother voting.
Usually, homeowner participation becomes critically low if residents know too little about the candidates they’re choosing from. Other times, it’s due to confusion and not knowing the board’s roles and responsibilities.
HOA Quorum Election Failure
There are times when the HOA’s governing documents are too demanding compared to what their community actually needs. This can happen if the quorum requirements weren’t updated since the HOA had fewer members or was smaller. That older quorum threshold may be difficult to maintain over time.
While some states have well-defined quorum requirements, the actual numbers can vary widely from HOA to HOA. Some associations would have a fixed percentage, while others have a more flexible policy. Others may just rely on the minimum set by state law.
In California, HOAs can adopt a separate, reduced-quorum procedure for some reconvened elections. Under this rule, associations with higher quorum requirements may reduce their quorum requirement to at least 20% of the member population.
Short Election Notice Period
Residents will need enough time before the election to understand what it entails and return the ballots. Participation in an HOA election may be invalid if the association sends the formal notice too late. It may also risk having the election be open to challenge.
To avoid a failed HOA election, the association must comply with notice timing and delivery rules. The notice should also include all necessary details about the election, including when the meeting is scheduled.
Invalid Ballots and Proxies
There are times when your HOA may appear to have enough participation after the ballots have been submitted, but still fail to reach quorum in the end. This usually stems from invalid ballots caused by rejected proxies. Typically, a proxy ballot is rejected if it’s incomplete or unsigned. It may also be considered invalid if it’s submitted after the deadline or if the ballot doesn’t clearly identify the proxy holder, per policy requirements.
Of course, this scenario doesn’t only happen to proxy votes. Normal ballots can have similar problems, such as the voting member forgetting to sign it. HOAs may also invalidate duplicate submissions from a single property. If a number of votes are disqualified, this can reduce voter turnout, and the final count may fall below the quorum requirement.
Candidate and Nomination Problems
There are times when an election is stalled or delayed if too few residents volunteer to run for board member positions. Having empty board seats may indicate that your HOA has not recruited enough qualified candidates. Candidates who have stepped forward may also be removed from the running if they fail to meet the requirements outlined in your HOA’s governing documents.
Your HOA’s nomination process should also remain transparent. All members should receive clear instructions on how to nominate a member. They must also be provided with a fair opportunity to run for a position.
If your HOA has a nomination process that is biased toward certain candidates, you are inviting objections and calls to question the validity of the vote. This, in turn, may force the HOA to repeat certain electoral procedures and delay the vote.
Procedural Mistakes or Election Challenges
Even if you have the right candidates and have reached the quorum requirement, a failed HOA election can still happen if your association can’t lawfully certify the results. Issues may come up if ballots are opened too early or if an unauthorized person counts the ballots instead of the official designated election officer.
Additionally, you should expect that a close election result will be more likely to be challenged if your HOA doesn’t have good record-keeping. Missing voter lists and unclear ballot records will make it harder for your HOA to defend the voting results. Because of this, your association should treat election records as formal association documents.
What Happens After a Failed HOA Election?
What you do following a failed election depends on why it failed. If the HOA didn’t meet a quorum, the meeting may be adjourned without a vote and reconvened, following state laws and HOA bylaws.
After this, the HOA should send another notice and encourage more people to participate in the vote. In California, a board may consider applying a lower quorum requirement at the new meeting, if applicable.
If there’s a delay in board elections, the transition to the new set of directors may also be delayed. In some cases, current directors may be allowed to remain in their positions until the elections push through and new directors are elected.
If a defective notice or another procedural error caused the failure, the safer response may be to restart the election. A serious dispute can also require legal review. In any case, the board should avoid improvising a solution that is not supported by the governing documents.
Building a Reliable Election Process
A failed HOA election is often preventable with proper preparation and by making participation more straightforward for residents. By following state law and the governing documents, an association can reduce disputes and give homeowners a meaningful voice in community leadership.
Optimum provides expert management services to community associations in Southern California. Call us today at (714) 508-907 or contact us online to learn more!
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