In any planned community, HOA elections play a central role in ensuring continuity of leadership. Board members must understand how the election process works and what requirements must be met. Otherwise, owners can challenge the results, rendering the entire election invalid.
What are HOA Elections?
Homeowners association elections are a democratic process in which members vote for candidates to serve on the HOA board.
Every association is governed by a group of leaders known as the HOA board of directors. Board members are responsible for managing the community, including dues collection, rule enforcement, and common-area maintenance. That said, these board members don’t stay in power indefinitely.
After a board member serves out their term, the seat is up for election. Candidates are nominated either by themselves or by their fellow owners. If a candidate secures enough votes, they replace the outgoing director.
What are the Steps in an HOA Election Process?
The election process involves identifying open positions, finalizing the electoral roll, opening nominations and notifying owners, sending a pre-ballot notice, voting, counting the votes, announcing and recording the outcome, and electing officers. Let’s discuss each step below.
1. Identify Open Positions
First, the board or election committee must determine which seats are up for election in the new year. Most associations stagger term lengths so that not all board seats become vacant at the same time. This ensures that there’s a combination of new and veteran board members.
2. Finalize Electoral Roll
The electoral roll is essentially a list of all eligible voters’ names, voter numbers, property or unit numbers, and contact information. It is important to update this list so that the HOA may account for all eligible voters. Associations must add new homeowners to the list and remove any owners who have sold their homes.
Eligibility may not rely solely on ownership, too. Some associations revoke voting rights from delinquent members or those with pending violations. Eligibility requirements ultimately depend on the association’s governing documents.
3. Open Nominations and Notify Owners
Next, the HOA board or election committee must officially open nominations. Nomination methods and requirements are typically defined in the association’s governing documents.
That said, state laws can also pose certain limitations. For instance, in Florida, floor nominations during the election meeting may be prohibited if the HOA has an established process requiring nominations to occur before the meeting (Section 720.306).
Additionally, owners must be notified of the open positions, the nomination deadline, and the procedures for nominating candidates. Notification periods can vary, but it’s usually 30 days before the nomination deadline.
4. Send a Pre-Ballot Notice
After receiving the candidate nominations, the HOA must send a pre-ballot notice to all homeowners. This notice should include the list of candidates officially in the running, how owners can cast their votes, and the meeting details for counting the ballots. Again, notice periods differ by association, but it’s normally 30 days before the distribution of ballots.
5. Vote
During the election period, members can either send their ballots or attend the election meeting in person to cast their votes. The appropriate voting method will depend on the association’s governing documents and election rules, but options typically include:
- Written ballots
- Electronic ballots
- Secret ballots
- Proxy votes
Some associations use a combination of these methods.
6. Count the Votes
An HOA must clearly establish a voting deadline. The association will no longer count any ballots submitted by owners after this date.
When counting the votes, it is important to examine each ballot to verify voter eligibility and ballot validity. Some ballots may be invalid if they’ve been faked or there’s a duplicate. Ballot counting typically takes place at the election meeting itself, with candidates and homeowners acting as witnesses. It ultimately depends on the association’s election rules.
7. Announce and Record the Outcome
After confirming the count, the HOA board or election committee must announce the results. This usually takes place at the election meeting. Most associations also post the results on the community website or send an official notice to all homeowners.
8. Elect Officers
The HOA election of officers is not the same as simply electing board members. While homeowners elect the latter, officer roles are generally determined by the board. For example, if the roles of secretary and treasurer are open, the board votes on who among the two winners will take each seat.
What Should HOA Election Rules Include?
Generally, an association’s election rules should address candidate qualifications, nomination procedures, voter eligibility, permitted voting methods, campaign procedures, voting deadlines, and ballot counting procedures.
- Candidate Qualifications. These determine who may run for open board positions.
- Nomination Procedures. These explain how owners may nominate candidates for election.
- Voter Eligibility. This establishes who has a right to vote.
- Permitted Voting Methods. These identify the voting method/s the association may use, such as written ballots, secret ballots, online voting, and proxy votes.
- Campaign Procedures. These outline how candidates may run their campaigns, whether they can use common areas, and whether they can utilize HOA resources to spread information.
- Voting Deadlines. This simply establishes the voting period and the deadline for owners to submit their ballots.
- Ballot Counting Procedures. These determine how the association must count the votes, where the tabulation should take place, and who may observe the process.
Every community is different, so the specifics of these rules can vary. For instance, one HOA may allow delinquent owners to vote in the elections, while another may revoke their voting rights. The governing documents typically establish the voting rules that an association must follow.
How Often are HOA Elections Held?
In general, HOA elections occur at the annual meeting, but associations may skip an election if there are no open seats.
Term lengths are a determining factor. Some associations stagger term lengths into 1-, 2-, or 3-year terms so that seats open every year. Meanwhile, others allow board members to serve concurrent 2- or 3-year terms, meaning elections occur only every 2 or 3 years.
Associations must check their bylaws for term lengths and election requirements.
Who Organizes HOA Elections?
It depends on state laws and the governing documents, but most are organized by a separate HOA election committee.
This committee is responsible for overseeing and facilitating a fair and smooth election. Depending on the governing documents, any HOA member may join the election committee. That said, some associations prohibit incumbent directors or candidates from joining to avoid conflicts of interest.
Moreover, some associations hire a third-party inspector to supervise the process and count the ballots. California even requires it (Civil Code Section 5110).
An HOA management company can also help by scheduling elections, sending the required notices, preparing ballots, and ensuring compliance with election rules.
A Successful Process
Preparing and holding HOA elections isn’t always smooth sailing, especially when election rules are unclear. Board members can improve the process through careful planning and coordination, all while ensuring compliance with state laws and the governing documents.
Westward360 is a trusted partner for HOAs and condo associations across the United States. For expert association management, contact us today or request a proposal online!
