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HOA Board Won't Accept Election Results

Started by DeniseS8 • 9 replies • 375 views

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DeniseS8 (Colorado)
Posts: 4
Posted:
Hi, everyone. I am a member of an HOA in Florida.

We recently had our board elections. Everything went off without a hitch, until the results came out. Our BOD refuses to accept the results of the elections, even though they were done properly and procedurally correct. They outgoing directors won't step down.

What can we do?
MichaelS56 (Minnesota)
Posts: 858
Posted:
The new Board President can visit with the past Board President and find out what are the issues that are preventing the transition to occur. Second of all, the new President can contact the HOA lawyer for advice. I would also suggest that the residents are kept informed as to what is happening and why.
PatJ1 (North Carolina)
Posts: 568
Posted:
Quote:
Posted By MichaelS56 on 02/13/2024 4:01 AM
The new Board President can visit with the past Board President and find out what are the issues that are preventing the transition to occur. Second of all, the new President can contact the HOA lawyer for advice. I would also suggest that the residents are kept informed as to what is happening and why.

I agree except that the new Board hasn't assigned Board positions yet and there is technically not a Pres. Members vote for directors, not Officers. Directors determine Officers positions.

The new board should proceed as a group and should, as a group, request the assistance from the HOA attorney at the HOA's expense if they continue to refuse to vacate the board if the election was valid.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By DeniseS8 on 02/13/2024 1:15 AM
Hi, everyone. I am a member of an HOA in Florida. We recently had our board elections. Everything went off without a hitch, until the results came out. Our BOD refuses to accept the results of the elections, even though they were done properly and procedurally correct. They outgoing directors won't step down. What can we do?
Owners can ask the Department of Business and Professional Regulation to arbitrate this. Cost is $200. See http://www.myfloridalicense.com/dbpr/lsc/documents/Petition-ElectionDispute.pdf
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By DeniseS8 on 02/13/2024 1:15 AM
Hi, everyone. I am a member of an HOA in Florida.

We recently had our board elections. Everything went off without a hitch, until the results came out. Our BOD refuses to accept the results of the elections, even though they were done properly and procedurally correct. They outgoing directors won't step down.

What can we do?

Your state requires all board meetings to be public and with 48 hours notice. Sounds like it’s time for an interesting meeting where some ex board members are told to get out of those chairs.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DeniseS8 on 02/13/2024 1:15 AM

What can we do?

Unfortunately, this is when legal is required.

First, I would consult with the attorney.
Provide them with all of your governing documents, copies of notices, sign-in sheets, ballots, etc.

Then ask:

1) Was everything valid (i.e. were all proper procedures followed)?
2) If valid, what is our next step to take control?
KerryL1 (California)
Posts: 14,550
Posted:
I think there are other action to try before paying for outs legal advice. first, as Michael suggested, the new Board should try to meet with the outgoing Board. If the situation isn't resolved, seek advice from the HOA attorney as he & Pat advise. The new Board will want to show them the written results as announced. The new Board also will want to show the ballots, which is most states must be kept for a certain period--usually a year.

How WERE the results announced? Is there anything in writing about the results? Did the outgoing board send anything in writng to the owners saying they won't step down??

Another possibility is as Dean suggests. The new Board calls an organizational board meeting to elect officers and sits at the table and conducts business.
TimB4 (Tennessee)
Posts: 21,059
Posted:
An issue with going to the Association Attorney is who does the attorney answer to? The old board who claims the results are invalid for an unknown reason or the new board who claims the votes are valid. My gut says the attorney would (should) initially side with the board they had been working with until all facts/documents are provided for a review.

An issue with the new board to simply conduct business is they do not have access to the bank accounts.
Banks will not transfer signature authority without someone on the previous signature card agreeing to it, unless a court order is involved.

Elle may have the best suggestion - ". . . ask the Department of Business and Professional Regulation to arbitrate this."
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TimB4 on 02/13/2024 10:17 AM
An issue with going to the Association Attorney is who does the attorney answer to? The old board who claims the results are invalid for an unknown reason or the new board who claims the votes are valid. My gut says the attorney would (should) initially side with the board they had been working with until all facts/documents are provided for a review.
I agree. The HOA attorney is supposed to act in the best interests of the association. Lacking all the facts, what the "best interests" are for this HOA is not clear.

As well the manager may have made a judgement call; decided the election was improper yada; and decided he/she answers only to the old board.

Granted both the HOA attorney and manager may have their own biases. I would be more concerned about the manager.

Regardless, if the (alleged) new board cannot get authority to sign checks, then forget it. It is time to bring in bigger guns.

Florida statutes require the Florida Department of Business and Professional Regulation to offer binding arbitration specifically for election disputes.

Possibly a well-written, brief letter informing the HOA attorney, manager and old board that this is headed to binding arbitration with DBPR might get some cooperation.

Hopefully no one is monkeying with evidence. But I would not bet on this non-monkeying.
KerryL1 (California)
Posts: 14,550
Posted:
IS there a PM who writes the checks?

What were the results of the election, Denise? Were you in attendance? How many directors were there? How many new ones should there be? I feel like I'm missing some details?

Btw, what size is your HOA?

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