Court Steps In to Enforce HOA Elections: A Lesson for Boards and Members

When homeowners’ associations (HOAs) delay or avoid holding regular elections, it can lead to frustration, mistrust, and legal battles. A recent court decision serves as a reminder that both board members and homeowners have responsibilities—and rights—when it comes to fair and timely elections.

The Background: Years Without Elections

For more than a decade, the board of directors at a condominium community failed to hold regular elections. Control of the three-person board remained with a single owner and his son, who together owned a significant number of units. This lack of turnover meant other homeowners had no opportunity to participate in the governance of their community.

In late 2020, an annual election was finally scheduled. A third-party inspector of elections sent out ballots and notices for a virtual meeting to be held in January 2021. However, what happened next set the stage for a legal showdown.

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The Controversy: Counting Ballots and Quorum Confusion

• Missed Meeting: The first meeting on January 20, 2021, was adjourned because the property manager claimed there was no quorum (the minimum number of members required to proceed).

• No Inspector Present: The independent inspector, who was supposed to oversee the ballot count, had been told not to attend the first meeting “to save money.”

• Ballots Ignored: Even though 166 ballots were already submitted, the board canceled the follow-up meeting where those ballots were supposed to be counted.

Homeowners pushed back, submitting a petition signed by 15% of the community asking for the ballots to be counted. The HOA refused, claiming the election had “failed.”

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The Homeowner’s Legal Action

One homeowner turned to the courts, using: