Board Election

Can anyone tell me what happens if no one runs for the HOA Board? This is our election year and the current board does not want to run for re-election and no one else has put their name in to run. Thanks for your comments.

Does anyone know if this also applies in Utah? Who hires the reciever to manage the community and what happens if people in the community apply for that job? Thanks for your replies.

Susan according to most CC&R's and statutes the current Board would remain in office until they resign or are otherwise replaced. In most cases if they stagger their resignations the remaining Board can appoint replacements if they can find someone willing to serve. A receiver is appointed by the court when it is discovered that no one is in charge usually after the bills aren't paid and the lawsuits begin. Or any member of the corporation can apply to the courts for a receiver to be appointed. As far as becoming Czar of the HOA by being appointed receiver; those jobs usually go to the judge's cronies Err… I mean if you have the necessary qualifications, usually legal or accounting you get put on a list of approved receivers at the courthouse but the chances of being appointed to your own HOA would I suspect be slim to none.

Yes, the entire board is up for re-election. We have tried to get a system in where it is staggered and thus far it has not worked. The idea of letting the community members know that it could go into receivership is a good one. We definitely have had a lack of interest in people serving on the board. Most of the people that have wanted to be on the board have found out that they will actually have to do something and then they just want to turn everything back to the management company. VERY DISCOURAGING!

We tried to set it up at the last election that the terms would stagger. The candidates that were running didn't want to do that, they didn't see the value in that. So now it is two years later and we are at that point again. Our By-laws say that there should be an election every two years. So there have been so many problems that most of the board doesn't want to run again...I don't know how many people we will turn out with...if any. It is a concern to me and I don't know exactly what to do. I have served on the board most of the time since the community was turned over to us from the builder. I am not happy about how things have been running lately. Everything used to be run by majority vote..not so now. Even after the board has voted decisions have been changed by the now serving President. So that was why I asked..to see what happens if no one runs.