Do Directors Retain Positions After a Failed Election?

Question:

I ran to be on the HOA, there are 5 vacant seats, and only 4 people running. Myself and three incumbents. i did not get one of the open vacancies because i did not have a “quorum” of votes, because no one in the community bothers to vote. they(the other 3 members)got their spots without a quorum because they were already on the board. Does that sound right?

– Danielle

 

Answer:

Hi Danielle,

According to California law (Civil Code Section 7220), current directors do continue to serve on the board if elections fail as a result of a lack of quorum, unless otherwise stipulated in your governing documents. As such, in your case, the three incumbents can hold their positions until qualified successors are elected. Since you are not an incumbent, you have no position to retain as the elections failed.

If you have a problem achieving quorum in your community, you might want to consider petitioning a court to lower your quorum requirement equivalent to the number of ballots cast. Alternatively, existing directors can also appoint members to fill board vacancies as per Civil Code Section 7224.

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