Q: The board of my association does not like the new law allowing for adjournment to 20% for the adjourned annual meeting so they canceled the annual meeting and have failed to reschedule it so far. The HOA has no election rules Read the Q&A………………………………..
What Is a Hybrid Meeting
Hybrid meetings for condos are quickly becoming a go-to format for communities looking to boost participation, increase flexibility, and modernize how business is conducted. As more condo boards and HOAs seek ways to better engage homeowners, hybrid meetings offer a valuable solution that blends in-person tradition with virtual convenience. In this article, we’ll cover what […]
Navigating Community Association Elections: Six Considerations for Board Members
Elections play a vital role in maintaining a well-governed condominium, homeowner (HOA), and townhome community associations. These elections, which typically involve choosing board members or voting on significant issues, can vary in type from annual board member elections to special elections called to address urgent matters (ex. filing a board vacancy). Understanding the nuances of […]
California HOA Election Rules
California has updated its laws, giving homeowner associations (HOAs) the option to conduct member votes electronically. Recent amendments to Civil Code Sections 5105, 5115, 5120, and 5125 of the Davis-Stirling Act, which governs community associations, now allow HOAs to adopt electronic voting—provided they meet specific requirements. Read the article…………………………….
Voting in and Around Association Meetings (NC)
We often get questions about how community association membership meetings can vote before, during, and after meetings. With changes made during COVID, there are now several options—so many that it can get confusing. Read the article…………………………….
Best HOA Board Nomination Statement Examples
Homeowners’ Association (HOA) board elections play a key role in shaping a well-managed and thriving community. If you’re thinking about running for a position, your HOA board nomination statement is your chance to introduce yourself, highlight your qualifications, and explain why you’re the right choice. Read the article…………………………….
Is your HOA ready for electronic voting? (CA)
California law now allows HOAs to conduct member votes electronically. Civil Code Sections 5105, 5115, 5120 and 5125 have been amended to give HOAs the choice, but HOAs must know the requirements to exercise this very helpful option. Read the article…………………………….
Condo Voting Terminology Explained (FL)
Q: Can you provide clarification on what constitutes a “quorum” of condominium unit owners. We sometimes struggle to distinguish between a majority of owners and a quorum. Could you explain how voting interests relate to quorum requirements? Read the Q&A………………………………..
HOA Homefront: Is your HOA ready for electronic voting? (CA)
California law now allows homeowner associations to conduct member votes electronically. Civil Code Sections 5105, 5115, 5120 and 5125 of the Davis-Stirling Act, a California law that regulates how community associations operate, have been amended to give HOAs the choice, but HOAs must know the requirements to exercise this very helpful option. Read the article…………………………….
Navigating HOA Elections and Board Disputes in Denver: A Legal Guide (CO)
Homeowners’ associations (HOAs) play a vital role in maintaining property values and community standards in Denver. However, HOA elections and board disputes can become contentious, leaving homeowners and board members confused about their rights and obligations. Understanding Colorado HOA laws can help residents navigate these situations effectively. Read the article…………………………….
Canyon Lake POA moves to electronic voting of elections (CA)
The Canyon Lake POA is moving to electronic voting of elections for the first time. Governor Newsom signed AB 2159 in October 2024, making it possible for California HOAs and POAs to vote electronically. With more than 50,000 homeowners’ associations across the state, many are transitioning to electronic voting this year. Read the article…………………………….
Proxy Voting in an HOA (TX)
In homeowners’ associations (HOAs), voting plays a crucial role in shaping the community’s future. Members vote on various issues, from electing the board of directors to approving amendments to governing documents. Read the article…………………………….
Police called to Doral community as tensions rise after botched board election count (FL)
Seven owners in Doral Isles went to bed Thursday thinking they had won election to the community association board, only to learn a few hours later 128 mistakenly uncounted votes from people who could not attend the meeting but voted by proxy flipped the results Read the article…………………………….
Suspended Voting Rights Meant Homeowner Couldn’t Run for Board
In a recent case from Colorado, the Colorado Court of Appeals held that an HOA could prevent a homeowner whose voting rights had been suspended from running for election to his board of directors. Read the article…………………………….
Deciphering the Election by Acclamation Process: A Sample Timeline (CA)
As you may know, the State revised Civil Code § 5103 and created a process allowing for a Board election by acclamation. Election by acclamation allows an association to skip the final ballot process in an uncontested election when the number of candidates is equal to or less than the number of seats available by […]
Exploring the Benefits of Electronic Voting in HOA Elections
Technological advancements in the community management industry continue to simplify processes and improve efficiency. One of the most important advancements that offers huge homeowner convenience is the option to conduct elections electronically. While effective, traditional voting methods come with their share of challenges that electronic voting (e-voting) can help overcome. Before considering e-voting for your […]
Easton Club East restarts HOA election, reaches settlement with resident (MD)
The retirement neighborhood Easton Club East has restarted its board election following the settlement of a lawsuit in which a resident alleged his nomination was unlawfully rejected. On Oct. 21, Jerry Wade filed a complaint in the Talbot County Circuit Court claiming the Easton Club East Community Association violated its bylaws and exceeded its authority […]
A Guide to HOA Elections
HOA elections are vital to community governance, allowing homeowners to choose representatives to serve on the HOA Board. These elections typically occur at the Annual Meeting, where homeowners vote for candidates through physical or electronic ballots. The Board members selected will be responsible for managing the community, including tasks like budget planning, maintenance management, and […]
Comparing the U.S. Election to a Condo Election: Key Similarities and Differences
When most people think of elections, the intense debates, party lines, and media attention of national elections like those in the United States often come to mind. Yet, at a smaller scale, condo elections — where board members are chosen to make crucial decisions for a building or community — follow many similar principles. Whether […]
Best Practices for Hosting Successful Annual Meetings in Condos and HOAs
As a board member of a condominium or HOA, you know how critical annual meetings are for keeping the community on track. They’re an opportunity to discuss future plans, review past progress, and make decisions that impact the residents. But what if there was a way to make these meetings even more efficient and inclusive? […]
Electronic Voting Now Allowed for California HOAs: What You Need to Know
Recently, California passed Assembly Bill 2159, allowing Homeowners Associations (HOAs) to implement electronic voting for various types of decisions, including board elections and amendments to governing documents. Read the article…………………………….
Easton Club East resident requests court to order delay of HOA election (MD)
A resident of Easton Club East has filed a complaint requesting an injunction against the Easton Club East Community Association’s board election after his candidacy was rejected. Jerome Wade, represented by attorney Lyndsey Ryan, filed the complaint on Oct. 21, according to Talbot County Circuit Court records. It outlines why he is “challenging the unlawful […]
HOA Homefront: Is quorum lowered for board recalls? (CA)
Q: I have a question regarding clarification of Civil Code 5115 — an “election” versus a “recall.” If bylaws say 51% for the “removal” of a director by the membership, but another bylaw reads a quorum can be as low as 15% for an election of directors, which one is in effect for a “recall” […]
Issues for Inspectors of Election Checklist (CA)
Issues for Inspectors of Election to Consider Checklist Read the article…………………………….
Election-Year Etiquette: Tips for Keeping Board Meetings Civil
As we are living through an election year, we can expect heightened passion around political views, some of which may surface at our Community Association Board meetings. The energy and enthusiasm that come with election season can sometimes lead to heated debates and discussions. While Board meetings are an excellent opportunity to address important community […]
Voting by Proxy in Your Community Association (NC)
Participation in meetings and decision-making processes is vital for the smooth functioning of a community association. However, homeowners cannot always attend these meetings in person. This is where the concept of proxy voting becomes essential. Understanding how proxy voting works, its benefits and challenges, and the requirements for using proxies can help HOA boards ensure […]
Understanding and Managing HOA Elections and Voting Processes
Homeowner’s association (HOA) elections are one of the most important processes within your community to ensure effective governance and representation…….Preparation is the foundation of a smooth and successful HOA election. While there can always be unforeseen circumstances, reviewing the association’s by-laws and governing documents can give you a clear understanding of the HOA’s election procedures, […]
What To Do When The HOA Board Denies the Results of an Election (GA)
Elections are pivotal moments that can shape the course of a community’s governance. However, occasionally, the smooth flow of this democratic process may encounter turbulence if the incumbent board refuses to acknowledge the outcome. Such scenarios can leave homeowners feeling disenfranchised and uncertain about the future of their community. So, what should one do when […]
Maximize Votes at HOA Election
Many HOAs and condominium associations have annual meetings coming up this time of year, or special meetings to amend their covenants, conditions and restrictions (“CCRs”) or bylaws. What is the best way to collect the votes your HOA needs to elect a board or get that important change to the CCRs or bylaws passed? Read […]
Here’s What Your HOA Should Know About Proxy Voting
When it comes to governing a community association, all votes are important. However, because association members often have busy schedules outside their community it can be difficult to achieve quorum at required meetings. Voting by proxy can make it possible for associations to get a quorum and continue to conduct business as required and also […]
Everything You Need to Know About HOA Board Elections
HOA board elections may not be the most exciting topic for many, but they hold significant influence over community dynamics and property values. During the election process, homeowners are tasked with voting for important roles in the association, such as president, vice president, treasurer, and secretary. Read the article…………………………….
The role of member voting in amending HOA covenants
Amending Homeowners’ Association (HOA) covenants is an important task that can shape the future governance and harmony of your community. If you are an HOA board considering such changes, it is essential to understand how member voting plays a crucial role. Read the article…………………………….
HOA Homefront: Can we use acclamation, voting boxes and board-signed envelopes? (CA)
Q: How many consecutive elections by acclamation? Our HOA board with management approval held a 3rd consecutive acclimation year. What does Civil Code allow? When must an election be held even though open seats same as those applying? Thank you for your most helpful informative newsletters. Read the Q&A………………………………..
Baldwin Park demands removal of signs supporting HOA challengers (FL)
Accusations of voter suppression flew in Baldwin Park after residents received letters in the mail demanding they take down the political signs in their yards. However, residents said the letters only targeted signs supporting three candidates challenging incumbents for seats on the community’s HOA board. Read the article…………………………….
Here’s How to Force a Reluctant Condo Board to Hold Elections (NY)
The board in a Brooklyn condominium hasn’t held elections in more than four years, and unit-owners are worried about the building’s financial management. The board has promised to set a date for the next election, but the management company is seeking candidates to replace one member — who will be chosen by the board, even […]
Refresher Regarding Election Preparation Procedures (IL)
As signs and flags for this fall’s national, state, and local elections are popping up all around us, it is a good reminder for community associations to review their own election procedures and readiness. Prior to and in preparation for the annual meeting, the board of directors should know the answers to the following questions […]
Court rules condo board breached fiduciary duty by not telling owners of rule change (IL)
The Illinois Appellate Court has ruled that a Gold Coast condominium association breached its fiduciary duty of candor by changing rules of voting eligibility in condo board elections but not sharing the rule change with unit owners. Read the article…………………………….
The Increasingly Complex Board Election Process (CA)
The Davis-Stirling Common Interest Development Act (California Civil Code (“CC”) §§5100-5145) mandates the following board election process for incorporated and unincorporated associations. Failing to comply with this process can lead to owner challenges of the election results and litigation, which in turn can lead to the election being voided, the association paying the challenging owner’s […]
Trouble with Your Board Election Quorum? Help is Here! (CA)
Have you had trouble reaching quorum for your election of directors? Has your association been in the tough position of trying to elect a board, but the number of ballots returned by the election date does not meet the minimum quorum requirements set forth in the governing documents? If you answered “yes” to both these […]
New Arbitration Ruling Sends Shockwaves to All Community Associations Regarding Elections (FL)
Now fast forward to 2024 and we have the case of Maureen Short v. Windhover Condominium 2024-00-4504. In this case, the association argued that pursuant to Florida Statute 718.112 (2)(d)4.a in order for a condominium election to be valid, only 20 % of the eligible voters must participate. Windhover is a 132 unit condominium. 20% […]
Can HOA boards skip meetings and elections? (NC)
WCNC Charlotte got this email from Florentina R.: “Our HOA board has refused to conduct the Association’s Annual Board Election. Is an HOA board allowed to withhold the association’s annual board elections?” Read the Q&A………………………………..
Reduced Quorum for Elections (CA)
QUESTION. If our 50% quorum is not achieved, is there a requirement that another vote take place but with a 20% quorum requirement? If so, how quickly does this need to take place? Read the Q&A………………………………..
HOA Homefront: What to do with outdated election rules and candidate statements (CA)
Q: Our HOA ballot package for the board election included 3 candidate statements that endorsed themselves as a slate, one of whom also criticized their opponent. In the past, candidate statements included bios, qualifications, and what they had done or will do, but did not mention opponents or endorse other candidates. The nomination forms asked […]
HOA critics sweep Dobson Ranch election (AZ)
In a two-hour annual meeting last week that was at times tense and other times jovial, members of the embattled Dobson Ranch Homeowners Association elected three board candidates who had been critical of the previous board’s handling of financial turmoil over the past three years. Read the article…………………………….
Director Elections—What Could Possibly Go Wrong?
Director elections are one of the most important powers association members have, so it makes sense that owners take elections seriously. Whether voting in an election and/or running for the board, the process and its results are personal to association members. Therefore, any appearance of impropriety or error in the process is oftentimes met with […]
Electronic Voting takes the Burden Off of Management Companies (NY)
There are several reasons why property management companies in NY should want to have their condos equipped with electronic voting systems: Read the article…………………………….
Sugarmill Woods man takes on the HOA machine
Disputes between residents and their homeowners associations (HOA) are commonplace and some can get downright nasty. But the HOA that Jerry Carr belonged to – the Sugarmill Woods’ Cypress Village Property Owners Association – raised nastiness to another level entirely and led to a precedent-setting state intervention. In fact, a state agency threw out the […]
Candidates May Vote For Themselves (FL)
Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board […]
Dos and Don’ts of Election Challenges in Community Associations (FL)
Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its […]
Dos and Don’ts of Election Challenges in Community Associations (FL)
Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its […]