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Guide

How to run an HOA board election

A step-by-step run through an HOA board election: notice, the eligible owner list, candidates, ballots, quorum, the count, and the record to keep.

Written for hoa boards and community managers. Updated .

An HOA board election is mostly deadlines and lists. The vote itself takes a few minutes. What decides whether the result holds up is the work in front of it: the notice that went out on time, the list of who was entitled to vote, and the paper trail showing both.

This is the order the work happens in. Your governing documents and your state law set the actual deadlines, so read those first and put the real dates against each step.

1Find the rules before you set a date

Pull the declaration, the bylaws, and any election rules the board has adopted, and write down four things: how many seats are up and for how long, who may stand, who may vote and with how many votes, and how much notice you owe owners before the meeting.

Watch for the qualifications that disqualify a candidate, because they cause the most trouble later. Common ones are owners who are not on title, owners more than a set number of days delinquent in assessments, and more than one owner from the same lot serving at once. Write each qualification down as a sentence you could apply to a name without asking anyone for an opinion.

2Fix the record date and build the owner list

The record date decides who votes. Build the list from the association's ownership records as they stand on that date, not from the mailing list and not from whoever has been showing up. For each lot you need the owner or owners of record, a current address, an email address where you plan to vote electronically, and the number of votes the lot carries.

Two details save arguments. Note how you will handle a lot owned by a trust, a company, or several people, because somebody has to be the one who casts that lot's vote. And freeze the list. If a lot sells after the record date, the list does not change, and you want to be able to show that it did not.

3Call for candidates, and check them against the rules

Send the call for candidates to every owner on the list, with the closing date, the qualifications from step one, and how to put a name forward. Give owners a real window. A week is not one.

As names arrive, check each against the written qualifications and record the outcome with the reason. A candidate you have to disqualify deserves to hear it early and in writing. Get the candidate's agreement to serve in writing too, which is covered in more depth in nominations and candidate consent.

4Send the notice and the ballot

The notice does the legal work, so it carries the meeting date and time, the place or the link, the deadline for ballots, the candidates, and the quorum requirement. If your documents require a particular delivery method or a minimum number of days, that is the constraint the whole schedule hangs from.

If you are voting online, the notice should say plainly how an owner gets their ballot, what to do if they do not receive it, and who to contact. Expect a handful of owners with an old email address on file, and plan for the phone call rather than being surprised by it.

5Keep the ballot secret and the participation visible

These are two different records and they should stay apart. Who voted is administrative: you need it to track quorum, to answer an owner who asks whether their ballot arrived, and to stop a second ballot from the same lot. How they voted is nobody's business, including the board's.

In a paper election that separation is the double envelope. Electronically, it means the system stores the ballot without the identity attached, and gives the voter a receipt that proves a ballot was accepted without revealing the choices. Ballot's security page sets out how that works here.

6Count, confirm quorum, and announce

At the deadline, confirm quorum first, from the voting interests represented. If you did not reach it, the meeting is adjourned under whatever rule your documents set, and you do not count anything. If you did, count the ballots, apply any tie rule your documents contain, and record the totals seat by seat.

Announce the result to all owners, not only the ones at the meeting, and say how many ballots were cast and what quorum you reached. An owner who hears the numbers from the association is less likely to go looking for them.

7Keep the file

Once the result is announced, put the whole election in one place: the notice, the frozen owner list, the candidate qualification decisions, the ballot record, the tally, and who approved each step. Your documents probably set a retention period. Keep it at least that long, and longer if a challenge is live.

What belongs in an election audit file goes through that record in detail.

The short version

  • Read the declaration, bylaws, and election rules, and write the candidate qualifications as testable sentences.
  • Set the record date and freeze the list of lots, owners, addresses, and votes per lot.
  • Call for candidates with a real window, check each against the qualifications, and record the reason for any disqualification.
  • Get every candidate's agreement to serve in writing.
  • Send the notice with the meeting, the deadline, the candidates, and the quorum requirement, by the method your documents require.
  • Keep who voted separate from how they voted, and give every voter a receipt.
  • Confirm quorum before counting anything.
  • Announce the totals and the quorum to all owners.
  • File the notice, the list, the candidate decisions, the ballots, the tally, and the approvals together.

This guide is general and is not legal advice. Election requirements vary by state and by your governing documents, and several states impose specific rules on notice periods, candidate qualifications, and inspectors of elections. If a result is likely to be contested, talk to the association's attorney before the vote rather than after it.

Questions

Asked about this.

How many owners have to vote for the election to count?

Whatever quorum your governing documents set, which is usually a percentage of the total voting interests rather than of the owners who turn up. Many documents also set a lower quorum for a meeting that has been adjourned for lack of one. Count quorum on the voting interests represented, including ballots received in advance, and write down the number you reached.

Can owners vote by proxy and online in the same election?

Often yes, but it is the part that goes wrong most. Decide in advance which method wins if the same lot votes twice, record the rule in the notice, and make sure whoever holds the proxies is reconciling them against the online participation list before the count, not after.

Do we need an inspector of elections?

That depends on your state and your governing documents. California, for example, requires an independent inspector for most association elections. Software does not satisfy that requirement. Ballot produces the eligibility list, the ballot record, the receipts, and the certified tally that an inspector or manager works from, and the inspector remains a person your association appoints.

Run the next one on the record.

Ballot encodes the rules this guide describes, runs the nominations, and produces the record at the end. Every feature is on during the 7-day trial, with no card.