HOA Board Does Not Accept Election Results: What To Do?

When an HOA board does not accept election results, homeowners are not completely powerless. There are some options worth exploring. Of course, there are a lot of nuances to be considered, as situations can vary from one association to another. As such, both homeowners and board members should examine all aspects and consult a lawyer if necessary.

Understanding the HOA Election Process

A homeowners association is governed by a set of volunteer members known as the HOA board. These board members are elected into their positions by fellow homeowners. In an HOA community, elections typically happen every year. Seats on the board open up, and nominated candidates run for election.

While the process can differ depending on the association, there are generally two types of elections: uncontested elections and contested elections. Uncontested elections happen when the number of candidates is equal to or less than the number of open board seats. Contested elections are simply the reverse — when the number of candidates is greater than the number of open seats. With the former, candidates automatically win their place on the board.

Voting occurs through ballots, which can take the form of secret ballots or open ballots. Secret ballots, as the name suggests, hide the voter’s identity. Meanwhile, open ballots state the voter’s name or show the signature. Sometimes, if permitted, an HOA can have electronic ballots, too.

After counting the ballots, the incumbent board members announce the results. The newly elected directors then take their seats on the HOA board.

What to Do If the HOA Board Does Not Accept Election Results

The HOA election process is relatively simple. However, every once in a while, an HOA will encounter a hitch in the procedure. One of these is when the HOA board does not accept election results. It does not happen often, but when it does, it can throw the entire association into a tailspin.

If the old HOA board refuses to acknowledge the validity of the election results, the new board can’t conduct association business. The old board might not give the new board access to the right documents, programs, and bank accounts. This is a big problem, as banks won’t transfer signature authority without a previous signatory’s consent. The only way to get around this is through a court order.

When an HOA board does not accept election results, here are some options.

1. Review the HOA Bylaws

First, check the HOA’s bylaws. The bylaws outline the procedures and rules regarding elections, vote counting, and results announcement. This will help homeowners and incoming board members determine if there were any violations or discrepancies.

If there were any, it is vital to correct them. This may involve a redo of the elections. If there were no violations or discrepancies, it is best to take the following steps below.

2. Reconfirm the Validity of Elections and Results

Reconfirming the elections and the outcome helps ensure the results are valid. Go through the election procedure, verifying whether it occurred according to state laws and the HOA’s bylaws. Recount the votes to authenticate the results. Make sure to document all of this for evidence.

3. Engage With the Current Board

The current HOA board might have their reasons for questioning the results. As such, initiating open communication with them is a good idea. Understanding their perspective clearly will help homeowners and incoming board members hash out the problem. They can address the issues that are preventing the transition from occurring.

4. Petition for a Re-Vote

Homeowners may consider petitioning for a re-vote if they have legitimate concerns about the election process. Make sure that the petition follows the procedures outlined in the HOA bylaws. Additionally, a petition for a re-vote should include support from a sufficient number of homeowners.

Once the re-vote is underway, it is essential to ensure that the process is smooth and procedurally valid. Follow the state laws and the HOA’s bylaws to the letter. This will prevent any further problems.

5. Consult the HOA Attorney

The new HOA board should seek assistance from the HOA attorney. If the old board continues to refuse to vacate its seats, assuming the election is valid, this should come at the HOA’s expense. Keep in mind that the attorney should have no allegiance to a single board member. Instead, the attorney should act in the best interests of the HOA itself.

6. Enter Mediation or Arbitration

Some HOA bylaws provide for dispute resolution mechanisms, such as mediation or arbitration. This can be a way to address the conflict and find a mutually acceptable resolution without resorting to legal action. Some states even require HOAs to enter dispute resolution before seeking remedies in court. In Florida, homeowners can ask the Department of Business and Professional Regulation to arbitrate election disputes.

7. Take Legal Action

If all else fails, homeowners may consider seeking legal advice and taking legal action to enforce the election results. Of course, homeowners should first ensure the election results are valid.

It is worth noting that lawsuits take a long time to resolve and are quite expensive. Thus, they should be treated as a last resort, not as the first recourse.

The Bottom Line

When the HOA board does not accept election results, it is crucial to approach the situation calmly and professionally. Homeowners should follow the established procedures outlined in the HOA bylaws. Legal advice may be necessary, though entering binding arbitration or mediation is also an option. Communication is vital in these situations, so reaching out to the current HOA board should be the first step.

An HOA management company can come in handy at times like this. Browse our online directory to start looking for a reliable one near you!

RELATED ARTICLES:

• HOA Board Election Rules: Ensuring A Fair And Successful Election
• HOA Online Voting 101: Why HOA Communities Should Consider It
• Possible HOA Board Conflict Of Interest Issues And How To Handle Them