Ca. HOA Election ???s

Started by MarkM19 • 5 replies • 1286 views

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MarkM19 (Texas)
Posts: 65

Posted:

I am a Existing Board Member of a HOA that has 400+ single family homes. We are having our annual elections and the nominating period is ending this week. We have been informed by our PM that one of the candidates is currently over $1000.00 behind in his or her dues. Our documents do not clearly say that you must be in good standing to run for office.

I can not wait to see what he or she puts for a candate statement. Maybe something like I do not think that HOA needs to collect dues to pay the Bills.

Does anyone know if we have any rights to remove this candidate from the process? I hate to see them take away possible vote from stronger candidates.

Thanks
Mark

TimB4 (Tennessee)
Posts: 21,061

Posted:

If the candidate meets all requirements/qualification (if any) for the position then they are a valid candidate and should be allowed to run.

Here is a link to the davis-stirling.com elections page.

Check under nominations heading to see if it gives more information.

Tim

RichardP13 (California)
Posts: 1,767

Posted:

Qualifications to be a Board member will be in your Bylaws. Because of the size of the Association, I am assuming your Association established election rules in accordance to Section 1363.03 (a) of the Civil Code. The election rules will also spell out the qualifications (if any) of candidates wishing to run for the Board of Directors.

Unless your documents have some provision to not allow members more than x numbers of days delinquent, then they would be free to place their name on the ballot. If you read some of the treads on this site, you will find that it is not an uncommon practice for delinquent owners to be Board members.

MarkM19 (Texas)
Posts: 65

Posted:

Richard,
Believe it or not we just updated our Election Rules last year and no one thought to add this language into the new Rules. We are discussing trying to do a quick revision to the Election Rules and adding the Good Standing language for Voting and Running for office.

Our Election is scheduled for 11-10-11.

RichardP13 (California)
Posts: 1,767

Posted:

Wouldn't do any good now, but you might consider for next year.

We updated ours last year.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Mark,

Maybe it would be good for this person to be on the board. Perhaps he/she would then realize how important it is for everyone to pay dues.

There are only 3 things certain in life (for those who live in HOAs): Death, taxes, and HOA dues.

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