Homeowners associations are the backbones of their communities and require strong, capable and willing leaders to guide them in the right direction. However, to prevent them from becoming overrun by one person, elections should be held periodically to ensure everyone has a voice within the HOA. In addition to protecting your operation with a comprehensive LA HOA Insurance program, consider the following advice for holding lawful and valid elections.
Send out an email or a letter a month before the election that indicates the place and time of the election, who is on the ballot, and what will be discussed during this time. Most of these elections take place during an annual meeting, so be sure to cover all the bases. Bear in mind that California state law requires a 30-day advance notice to be mailed out prior to an election, so consult with your HOA management company if you’re unsure.
Follow the guidelines.
Your HOA has rules and regulations for a reason – to be followed. Make sure to follow the provisions of your own governing documents when determining when to hold the meeting and how many votes members must receive to be elected. In some HOAs, candidates require more than 50% of votes, while in other cases, a plurality will do. Finally, if your documents require a committee to establish names of candidates, the HOA shouldn’t fail to appoint that committee, states Slatter Management Services Inc.
Next, determine how many people per household get to vote and establish these regulations ahead of time to prevent any discrepancies.
State laws often dictate who can run. Discuss the laws that apply to your HOA with your management company, if applicable, to determine who is eligible for running. This is why it’s important to give ample notice to members to give them time to decide if they want to run.
On the day of the meeting, make sure that enough people are in attendance for the election to take place. In some states, the HOA requires that 10 to 25 percent of members be in attendance before the meeting can proceed; in others, it can be more than 50 percent, explains the article.
Keep it clean.
Voting must be anonymous and private. In some states, the HOA is required by law to have a third-party inspector oversee the process. Lastly, if some members mailed in their ballots, these should be opened on the day of the election, not prior, and under the supervision of the moderator.
About Scott Litman Insurance Agency
At Scott Litman Insurance Agency, we are dedicated to protecting HOAs like yours. We have a unique understanding of the industry and the common risk exposures that you face in your daily operations. In fact, we find that 90% of the policies we review are missing coverages that violate the Covenants, Conditions, and Restrictions (CC&R), exposing the board, HOA and management to lawsuits – which is why our comprehensive policies are tailored to meet your specific needs at competitive prices. For more information about our products, contact our experts today at (818) 879-5980 ext. 201, or fill out our online form.