An HOA/COA election is a formal procedure to determine who will lead and make decisions for the community. It is crucial for the proper functioning and governance of a community, ensuring that the owners have a say in the management of their community.
What is an HOA/COA Election?
During an HOA/COA election, owners vote to elect members to the board of directors. The board is responsible for making key decisions regarding the maintenance, finances, and rules of the community.
An HOA/COA election typically occurs once every year at the annual meeting. State laws and the HOA/COAs bylaws govern the process, including nominating candidates, campaigning, casting votes, and counting ballots.
The Importance of an HOA/COA Election
HOA/COA elections are vital for several reasons. They ensure that the board reflects the interests and concerns of the owners. Each board member acts as a representative of the community’s owners. Regular elections hold board members accountable to the owners. Owners who are unhappy with the current board’s performance can vote for new candidates.
HOA/COA elections also promote transparency in the association’s governance. They provide a platform for discussions about community issues and the board’s activities. By participating in elections, owners become more engaged in the community, fostering a sense of ownership and responsibility.
The HOA/COA Election Process
While it can vary from one association to another, the process of an HOA/COA board election typically involves the following steps:
1. Preparation and Notice
The HOA/COA board announces the upcoming election and calls for candidates. This notice includes important details such as the election date, the number of board positions available, and the nomination process.
In Texas, the law mandates that HOAs/COAs give property owners at least 10 days’ notice and no more than 60 days’ notice. Additionally, the notice must be in writing. . If votes don’t occur at a meeting, an HOA must provide at least 20 days’ notice before the final day of ballot submissions.
2. Nominations
Owners nominate themselves or others to run for the board. According to the bylaws of HOA/COA, nominees usually need to meet certain eligibility criteria.
3. Candidate Statements and Campaigning
Candidates may submit statements outlining their qualifications and goals. They can also campaign by engaging with residents, attending HOA/COA meetings, and distributing informational materials.
4. Voting
Owners vote either by mail, online, or at a scheduled meeting. Each owner typically gets one vote per vacant position. The HOA/COA bylaws may have specific requirements and procedures.
In Texas, the law requires HOAs/COAs to use written and signed ballots for election in the HOA/COA. This includes electronic votes.
5. Ballot Counting
The next step is the counting of ballots or votes. This usually happens in the presence of an impartial observer. The candidates with the most votes win the election and assume their roles on the board.
6. Post-Election Activities
The new board members take office, with the results disseminated to the community. The board may also hold an orientation for new members to acquaint them with their responsibilities.
Tips for Smooth HOA/COA Elections
Running an HOA/COA election is not always easy. As such, here are some tips that can help ensure a successful process:
1. Comply With Governing Documents
The first tip in conducting a smooth HOA/COA election is to meticulously follow the governing documents, particularly the bylaws. These documents outline the rules and procedures for elections. By strictly adhering to these rules, the election process will be legally compliant and less likely to face challenges or disputes.
2. Consider Proxies to Reach a Quorum
It is often difficult to achieve a quorum for an election. If reaching a quorum comes as a challenge, consider using proxies, which allow homeowners who cannot attend the meeting to designate someone else to vote on their behalf. In Texas, HOAs must enable homeowners to vote by proxy or absentee ballot.
3. Consider Online Voting
Online voting can streamline the election process and increase participation, especially in communities where residents have busy schedules or live part-time. Before implementing online voting, confirming that the HOA’s bylaws permit it is important. Additionally, the HOA/COA board should provide clear instructions and support to homeowners during the online voting.
4. Document Everything
Proper documentation is critical for transparency and resolving any potential disputes that may arise during or after the election. The HOA/COA board should make sure to keep copies of all election notices, emails, and communications. It should document all meetings related to the election as well.
Additionally, the board should retain all ballots, proxy forms, and online voting records. Thorough documentation ensures that the election process is transparent and accountable.
Frequently Asked Questions
Who Can Run for the HOA/COA Board?
Typically, candidates must be homeowners in the community, meaning they own a property within the HOA/COA. Some associations may have additional requirements, such as being in good standing with no outstanding dues or violations. The specific eligibility criteria should be outlined in the governing documents.
In Texas, state law allows only a few restrictions on eligibility. These include the following:
- Bylaws may stipulate that one or more board members must reside in the subdivision, but they cannot mandate that all board members live there.
- In associations with over 10 lots, members residing in the same household cannot simultaneously serve on the board.
- Board members convicted of a felony involving moral turpitude within the last 20 years can be promptly removed from their position and barred from future board service.
Do Board Members Have Term Limits?
This depends on the bylaws. Some associations have term limits to ensure a rotation of leadership and fresh perspectives on the board. Term limits can vary, but a common term length is two to three years, with the possibility of re-election.
Can Renters Vote?
In most cases, renters do not have voting rights in HOA/COA elections. Voting is typically reserved for homeowners. However, renters can often participate in community activities and attend board meetings. It is best to check an HOA’s bylaws for guidance.
A Helping Hand
An HOA/COA election is more than just a procedural requirement. It is an integral part of operating an owner association. It helps communities ensure proper governance and facilitates participation. Conducting fair and smooth elections can be hard, but an association management company can help.
88 Doors provides expert HOA/COA management services to owner associations in Texas. Call us now at (512) 617-5516 or send us an email at [email protected] to learn more!
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