Real Estate & Property Law

WHAT IS WRONG WITH THIS [HOA ELECTION] PICTURE?

I receive a lot of comments from readers similar to this: "Thank you so very much for your very informative and helpful website! I never knew there were attorneys specifically well-versed in HOA law, but I am certainly glad there are! Thanks to your website, I feel I have cause to approach my Board to conduct more fair elections and other voting measures."

I am glad to hear that the educational information provided on my website helps people try to "right" wrongs. Now, here are a few related to elections:

"Recently, the small complex I live in has had an election. I had expressed an interest in running. Not only did I not get to run for a position, but the election was conducted by the existing HOA Board members, one of whom held the proxy for [almost half the] other units, with each of the existing Board members nominating each other and the new Board member. I asked all the Board members by email if I would be able to run, but they did not even respond!"

"Our Board conducted the recent election at a board meeting, never sent out candidate inquiries, never sent out double envelope ballots, never bothered to let the HOA members who were not present know about this until after the fact (with an announcement of new board members in the newsletter)."

"Our manager ran the last election, collected ballots, at some time determined the count was not in favor of the current board and so sent out additional ballots and asked those who did not vote to do so (with a plea for supporting the incumbents), and counted the remaining ballots turned in at the meeting - afterwards announcing the results at the meeting. Does that sound reasonable? Do the managers conduct the elections?"

I could go on and on - when asked "what is wrong with this (or should I say these) picture(s)? I say ...... everything. These Boards need to read up on Civil Code Section 1363.03 and 1363.04 (which can be located on my website at http://www.californiacondoguru.com).

Boards, I am not publishing this information to be mean or pointed, but to emphasize that what may seem reasonable (often resulting from apathy on the part of the owners) is not what it seems. There are protocols to elections and failure to follow them could lead to an upheaval or challenge to the election.

For a brief "briefing" - HOA elections are supposed to be fair, unbiased, and members are supposed to be able to run, so long as they qualify within the requirements of the governing documents. All owners are supposed to get ballot packages with a ballot and two envelopes with instructions for filling them out and returning them. The Board is supposed to choose an unbiased inspector or inspectors to conduct portions of the election and separate and count the ballots .... at the time of the counting (and not before), which should occur at an open board or membership meeting. Owners are supposed to get at least 30 days to return ballots. Owners with opposing views are supposed to be given equal opportunity and access to HOA resources with others allowed to express their views through those avenues. There is a lot more, but come on .... how far off the mark can one HOA get!

Would you believe to "infinity and beyond"?

Full post as published by California Condo & HOA Law on November 13, 2008 (boomark / email).