Something ‘shady’ going on with elections?

Our 24-unit complex has board elections coming up October 3rd. I’m currently the VP. I sent out an email to the Board and HOA mgmt asking if we should have already received ballots for the upcoming election (nomination forms went out mid Aug w/several nominations). Received a response from another board member that “Doug” (from the company we hire to handle our elections) told her we “don’t need ballots this year since the Board was determined by acclamation.” What?? Last board meeting, 3 members of the board specifically said they might not be able to serve!

I emailed HOA mgmt asking if she knew that someone had decided there be no ballots *this year and, if so, exactly when she knew that. NO response.

This board and its HOA management have done several things illegally (in violation of our CC&Rs) in the past, all to save a little money, but which have cost the Association a great deal of money in the end! Many homeowners have expressed anger/displeasure with both the current Board and HOA mgmt. And now that we have an opportunity to make some necessary changes, I find out that no ballots will be sent out this year?

Does anyone have a take as what might be going on??
Thank you for anyone who might be able to shed some light on this for me.

Having an election by acclamation has to be follow to the letter of the law. I disagree with the attorney in that it should be a requirement for placement in the Election Rules. The Board, the whole Board should be making the decision not to send ballots out, not a board member or management company. You cannot do an election by acclamation if your allow write in candidates or floor nomination.

Yes, several people agreed to be nominees at least a month ago.

I am not a fan of election by acclamation unless there were no new candidates and the only persons that submitted nomination forms were incumbents. BUT, they have to have submitted nomintaiuon forms. I have seen a number of elections where current board members running never felt they needed to fill out a form, there word was good enough.

If you only have three candidates for three positions and they are all new, the membership should have the ability to vote. The tallied totals can help in determining officer positions.

I wasn’t aware that all incumbents need to submit a nomination form. I submitted one, but that’s something I want to check on, whether all were received.

We currently have 5 board positions, and our current President (who’s served in that position for more than 3yrs) has been allowed re-election, despite HOA law making him ineligible.

This board and its mgmt company are a mess, and that’s why this election is so important to me… to clean house!!

The “Nomination Form for Board Director” which everyone receives states:

The following are the qualifications for Nominees for Directors according to California S 323 and the XXX Homeowners Association Election Rules:

— Only persons who are Members of the Association may be a nominee for election
(Member is defined as name on recorded deed)

— Nominee must be a Member of the Association for a minimum of one year.
For joint ownership, only one member may be on the Board.

— Person with past criminal conviction that would prevent the Association from purchasing
the fidelity bond as required by Civil Code 5806 will not be eligible to serve on the Board.

— ANYONE THAT IS NOT CURRENT IN REGULAR OR SPECIAL ASSESSMENTS WILL NOT BE ELIGIBLE.

Meagan & Max are right about election by acclamation. Certain procedures had Mohave ben followed doing back to about late March/early April in Laura's HOA.

Candidates must have filled out nomination forms maybe 2 months ago.

Afraid your "election" is a complete mess, Laura, and you really should start all over again.Vist Davis-stirling.com, Index, Elections & something called election calculator or some such title. Once you name an election date, in your case in March or April, '23, there are certain deadlines that this "calculator" will show you. that your PM doesn't seem to know any of this is disturbing.

I am in CA HOA also with recent election. How do "tallied totals help in determining officer positions" ??

Our HOA President holds the ballots in a closed room and only see is allowed to go in and see the votes,,and who they are going too. i always believied elections were to be in the open, but she's a Democrat so i guess its ok.

You know, Norman, your problem seems serious. Maybe write a new Subject on it, with a little more elaboration like how many homes in your HOA and how may are on the board.

Too many of those pesky Democrats.