Election Gone Bad in HOA or Condo Association – Who’s In Charge?

This, from a reader:
“I ran for the board this election in our association. There seems to be some kind of problem, not sure what. The result is that the election results have not been formally announced. So who is in charge? The candidates who got the most votes (incumbents or otherwise) or the current board? “
Answer: Assuming the bylaws say that the current directors remain in their positions until their successors are elected (which many bylaws do say), the current board reigns until the successors “are elected”. So the question becomes – when is that? It could be either the date of the ballot counting meeting in California, or on the date stated in the bylaws (for example, ballot counting in November or December meeting and bylaws say successors take office January 1st). If it turns out that there is a problem with the election and the inspectors did not announce the new directors per the vote count, then I do not have an answer ready without knowing what happened and I do not know whether delaying the election or the results announcement or calling the election off is appropriate.

  • Share/Bookmark
2 Responses to Election Gone Bad in HOA or Condo Association – Who’s In Charge?
  1. Sharon Lane
    July 6, 2010 | 6:39 am

    We had an election for new Board Members. The president does not want to step down and she would not announce the results of the winners. Also, she stated there was not a full qurom however, when she became president there was not a full qurom. The homeowners are not happy with her running the Board and they want her out. She stated she has unfinished business she needs to do first which sounds malicious. Right now we are on hold waiting for her to tell us what is going to be done for a new President and at the same time being govern by someone who makes her own decisions and rules without following the Bylaws properly. What can we do to get her out. We are located in Gardena, Calif.

    • Beth Grimm
      July 12, 2010 | 5:25 pm

      I would say that someone should get some legal advice on what to do. The board members can outvote the Pres if she resists getting advice. There are a lot of potential problems raised here. Any attorney advising the HOA needs to hear from both sides before advising as to the best course of action.