When Do HOA Directors’ Terms End—and What Happens If No Election Is Held?
- Board of Directors
Most homeowners associations (HOAs) are run by a board of directors elected by the members. These directors serve for a set term, usually one or two years, as stated in the HOA’s bylaws. But what happens when a director’s term runs out and the association doesn’t hold an election on time? Do directors automatically lose their seats—or do they stay in place until new directors are chosen?
How Long Does a Director Serve?
The term of office for directors is normally spelled out in the governing documents. A common setup is: (i) One-year terms with annual elections; or (ii) Two- or three-year staggered terms so only part of the board changes each year. When a term “expires,” it simply means the director’s elected period of service is over. But that doesn’t always mean their authority immediately ends.
Holdover Directors
In many states, the law or the association’s governing documents provide that a director continues serving until a successor is elected and takes office. These are often called “holdover directors.” This rule exists to prevent a board from being left without enough directors to conduct business if an election is delayed. So, if your HOA doesn’t hold its election on time, the current directors usually stay in place—even though their official term has ended—until new directors are properly elected. However, the holdover rule is not meant to replace elections—it’s simply a safety net. Boards that indefinitely postpone elections risk legal and community challenges.
Risks of Not Holding Elections
While the holdover rule helps maintain continuity, it’s not a license for boards to avoid elections indefinitely. Failing to hold timely elections can create serious problems, such as:
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