Challenging the election of officers

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  • #377914
    elvis
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    Our HOA bylaws state “The Officers shall be elected by majority vote at the annual meeting of the full membership. The elected Officers shall determine who will fill the respective roles of President, Treasurer, and Secretary.” Last month at the annual meeting there were 36 eligible voters that attend and voted for officers. Prior to the election each candidate was asked to state why they were running and in a departure from all previous elections the 5 nominees were asked to state which office each would prefer to hold. Candidate A stated they would run for the Treasurer, candidates B & C said President and D & E Secretary. The paper ballots used did not designate a selection by office candidacy, simply 3 lines to write the names of 3 candidates as in the past. Following the tally by two members it was announced that candidates A, B and D were winners. The next day the final tally of votes for each candidate was disclosed with A-36 votes at 100%, B-34 95%, C-24 67%, D-12 33%, and E-10 28%. Candidate C has challenged the outcome based on the bylaws and the new board has refused to consider any election review. What recourse is there for C if any?

    #377941
    profdan_h
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    Hi Elvis,

    Candidate C can challenge the election outcome by submitting a formal written complaint to the HOA board, highlighting the departure from the bylaws and established election procedures. If the board refuses to consider the complaint, C can gather support from other members to request a special meeting for a reevaluation. Mediation or arbitration can be pursued if internal remedies are available. As a last resort, C might consider legal action by consulting an attorney specializing in HOA law to potentially nullify the election results and call for a new election. Alternatively, C can file a complaint with a state or local HOA regulatory agency if one exists. It is important for C to document all communications and gather evidence to support the case.

    Hope this helps.

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