Is a board legal without elections?

They are legal until challenged.

In California, the correct response to this is first, to ask for Internal Dispute Resolution (IDR). See https://www.davis-stirling.com/HOME/I/Internal-Dispute-Resolution

If IDR fails, the owner next informs the Board that he/she will take the HOA to Small Claims Court. For an introduction to how to proceed, see https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5145.

Whatever an owner's dispute with a HOA (or its board or its manager) may be, the covenants require that the owner either continue to pay assessments, or face the penalties for not doing so. The penalties may include late fees, interest and typically a staggering amount of collections attorney fees.

I advise you to pay what you owe now, then pursue getting proper elections completed.

With others: Pay your assessments ASAP!!!

Please tell us a little more about your situation: How many homes or condos? What size is your Board? For the next ones: if you don't know the answer, check you Bylaws: What size is your Board supposed to be? When are elections supposed to be held? How often must the Board hold Board meetings? Do they?

Another place to find answers to the above is in your Election Rules, which are required in all Calif. HOAs. Read them.

Is it possible your HOA elected the required number of directors by "acclamation?" This means that only the number of owners ran for election that are required, or even fewer. In such a case, the Board basically can simply announce that those who're currently directors were the only ones interested in serving. So they, by stating names, were elected by acclamation because there was no competition.

Do you have a property manager? If so, in writing send a request to review the financials for this year and the past two years (no further back is permitted by law.) If no PM, send that written request to every member of the board.

I'm not sure what you mean that the treasurer is "self-appointed." What action did s/he take to become treasurer?

Finally, there's an excellent website about CA HOAs with a fine Index to look up elections in CA HOAs: Visit Davis-stirling.com. also list the site to see "Records Inspections" and how to request them.

PAY YOUR ASSESSMENTS! You have NO power at all if you do not pay. That gives them all the power over you. We won't discuss the stupid idea of them suing you for the money. That is another discussion. However, they should have the power to lien or even foreclose on you for NOT paying your dues. Plus you could be considered a member NOT in good standing. Losing all your voting rights. NOT paying your dues isn't a "Screw you". It's more of your going to screw yourself.

Question viewing is different than being handed a copy. You may have to pay for that copy. You may be able to make arrangements to VIEW the documents. Don't get stuck on "Your rights" by dying on that sword. There are better ways of approaching the situation. Maybe step back and re-examine your needs and wants. Why is it you want these documents? Is it because it's your "right" or the HOA is broke?

And how would you challenge them?

And how would you challenge them?

This is helpful, thank you.

We have 10 units. 5 of the units are investors who live overseas. I have emailed them about these issues with no response. No one cares.

Do the other 5 unit owners live in your HOA. Jason? Are any of them on the Board?

Yes, 5 people live here. 3 of us are on the board. The other owners are just extremely apathetic and don't care or respond to emails.

Is the treasurer one of the three board members? If so you two other board members may vote him out of the office of treasurer. Then you & the other board member vote to have your signatures on your bank accounts t so that you can review the bills and dues payments, etc. He would still be a board member, though. How is it that he has all th records? Do owners send their dues to him?

Since you are a member of the board, you have the legal right to review all HOA documents.

If there haven't been any elections for directors for a long time, how is it that there is a Board? Were you all elected long ago and no one has wanted to be on the Board since then? And since you're on the Board, who is the "them" to whom you keep referring?

First, study Civil Code sections 5100-5145 on elections.
If you have an issue with assessment, pay them “under protest” but pay them.

California HOA elections can be done entirely by mail. You will need their ballots to reach a quorum to hold the meeting to count the ballots - probably 6 is your quorum. But for director elections, if the quorum isn't met the first time, either the ballot return period can be extended or the quorum percentage is reduced. That should all be in your governing documents.

Also, usually 5% of membership is needed to call a special meeting where it can be discussed.

Make it an issue. There is nothing more important than your finances, and to have an unchecked treasurer is suicide.

Please see CA Civil Code section 5658 re payment under protest:

a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits of the small claims court stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the owner of the separate interest may, in addition to pursuing dispute resolution pursuant to Article 3 (commencing with Section 5925) of Chapter 10, pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney's fees, late charges, and interest, if any, pursuant to subdivision (b) of Section 5650, and commence an action in small claims court pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure.

(b) Nothing in this section shall impede an association's ability to collect delinquent assessments as provided in this article or Article 3 (commencing with Section 5700).

Transfers needing board approval:

CIVIL CODE SECTION 5502. BOARD AUTHORIZATION OF FINANCIAL TRANSFERS.
Notwithstanding any other law, transfers of greater than ten thousand dollars ($10,000) or 5 percent of an association’s total combined reserve and operating account deposits, whichever is lower, shall not be authorized from the association’s reserve or operating accounts without prior written board approval. This section shall apply in addition to any other applicable requirements of this part.

*Effective January 1, 2022, Section 5502 will be amended to read as follows:

(a) Notwithstanding any other law, transfers shall not be authorized from the association’s reserve or operating accounts without prior written approval from the board of the association unless the amount of the transfer is less than the following:

(1) The lesser of five thousand dollars ($5,000) or 5 percent of the estimated income in the annual operating budget, for associations with 50 or less separate interests.

(2) The lesser of ten thousand dollars ($10,000) or 5 percent of the estimated income in the annual operating budget, for associations with 51 or more separate interests.

(b) This section applies in addition to any other applicable requirements of this part.

-- If the Board is not even trying to run an election every year, the board is in violation of the covenants.

-- I would not threaten suit while on the board. I would resign first.

-- Do your bylaws require directors to be up-to-date on assessments to serve on the board? This is a common requirement.

-- Do understand that "officers" (president, treasure, VP here) are not synonymous with "directors." Legally officers and directors have different roles. If you want to know more on this point, ask.