Question:
A member of the HOA, is livinf here for 3 months and ran for election in a California HOA and won. Now 2 board members want to invalidate her win for not being a member for one year? It was announced to the community before she ran, no one objected to her nomination and subsequent win of a seat on the board, now the 2 out of 5 board members are saying the member is disqualified after winning & certified by a 3rd party election company.
Additionally, the election laws passed in 2019-2020 were never properly adopted as it says the member “may” be disqualified from being nominated. Now, this person has won.
What is the best outcome?
The members voted for her and it was during a recall. One of the recalled people re-ran and was #6 on a 5-member hoa board. Can the board keep the seat vacant and not vote to bring another person on… or does #6 inline automatically get on the board? They would rather wait until the next election (3-6 months)
Complicated, I know.
– Jacqueline
Answer:
Hi Jacqueline,
According to the Davis-Stirling Common Interest Development Act Section 5105(c)(3), an association may disqualify a person from nomination through its bylaws or operating rules if that person has been a member for less than a year. Thus, this may be within the HOA’s power if the bylaws or operating rules say so.
However, according to Section 5105(e), the association shall not disqualify a person from nomination if the person has not been provided the opportunity to engage in internal dispute resolution. You may raise this with the HOA board to allow the candidates an opportunity to be heard through dispute resolution methods.
As for the vacant seat, if the vacancy was created because the membership recalled a director, the board cannot fill the vacancy, but the membership may fill the seat through a recall election. If the board fails or refuses to fill an empty position, the membership can petition for a special meeting to fill the vacancy. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
