HOA Board Elections

Started by HaykP • 6 replies • 1689 views

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HaykP (California)
Posts: 50

Posted:

Hi,

Our HOA (Los Angeles, CA) should've hold annual meeting and new elections back in October 10 or something. Sometimes in September there was a notice (hand written) asking for candidates and volunteers by September 17 I believe. I did verbally notify our president that I would like to run for the board and sent a certified letter to have a record too. Well, certified letter was never claimed (which is not the first time it happened to me). Meeting was never held either. We used to have problems with HOA and actually started the process of recall back in July, but then decided to hold on, considering that new meeting was due soon. So my questions are:

1. Is the board actually illegal right now, since there was no meeting and no elections?
2. What is the procedure to arrange and hold new meeting and elections?
3. How do we hold current illegal board accountable?
4. Are board members responsible for any financial fraud we might find? Like them not paying their dues, giving favors etc.?

Thanks!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Find out EXACTLY when your HOA Annual Meetings should have been held. Look in your documents for this info.

Only when you have the facts can you continue on.

"or something" doesn't cut it.

HaykP (California)
Posts: 50

Posted:

Hi Susan,

Thank you for your reply. I don't have any documents, because board never give out any documents, didn't have meetings for past 9 month. The only date that was posted was September 17, by which people should've submit their candidacy. Our last year meeting was held on arround October 10 (it is hard to recall the exact date and there are no documents, it was again a hand written notice w/o letters of notification). Does this answer your question?

Thanks!

CarolR11 (Colorado)
Posts: 2,563

Posted:

By "documents," Susan means your governing documents like your CC&Rs, Bylaws. Our bylaws, for example, spell out when and what notice must be given to homeowners for an annual meeting and election. Elections also are governed by Calif. Civil Code.

HaykP (California)
Posts: 50

Posted:

I understand and will look in CC&R for it. But it is clear that our elections were held over a year ago (14 month ago to be exact).

HaykP (California)
Posts: 50

Posted:

Hi Susan,

I did go over our CC&R and there was no specific date there. It says following:
"...Subsequent regular annual meetings of the members shall be held within thirty (30) days of the same day of the same month of each year thereafter, at the hour of seven o'clock p.m. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following, which is not a legal holiday (excluding a Saturday and Sunday)."

Our meeting last year was on October 10-17 (hard to remember the exact day, because there was no documents referencing it). So the notice for calling for candidates by September 17.

While reading CC&R I noticed that governing body should prepare and distribute financial information like budget, reserves etc. 45 days prior to meeting, which it never did. So it is clear that there were many violations with current board.

HaykP (California)
Posts: 50

Posted:

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