Here is the question I received:
“Have tried to find the answer to this …. our HOA nominated the entire Board for next year …. the Board did not send Ballots out. Is the election void?”
What is “correct” under the elections law is to have the election and send ballots out, unless your bylaws or election rules provide for “acclamation” and it is done per Robert’s Rules.
But what about the waste in expense? Can a Board consider that? Does it make sense to send out ballots and go to that expense if the number of candidates is not more than the number of vacancies?
Not really. So the question really becomes – should your HOA or Condo Board take the legally required approach or the sensible approach?
Failure to send out ballots would not automatically void an election. The only way to get to a void election is to challenge the election. And if your board gave all qualified members a fair opportunity to run for board and followed whatever nomination procedures are required by the HOA or condo docs, and there are still not enough candidates to make it a contest, and the records document this, then the risk of being challenged for not spending the money for ballots and an election is probably very small. And if the challenger had a fair opportunity to be a nominee and didn’t, I would say there is probably a small-to- zero risk that the challenger would be successful in challenging the board for not sending out ballots.