HOA topic guide
How do HOA elections and member voting work?
Member voting is the principal check on board authority, and the procedures surrounding elections are the most frequently litigated aspect of HOA governance. Directors are typically elected at the annual meeting, though special elections may be required to fill mid-term vacancies or recall sitting directors. The ballot and notice process has been significantly regulated in many states — particularly California, Florida, and Nevada — which mandate inspector-of-elections requirements, double-envelope secret ballots, and specific candidate disclosure obligations. Any procedural defect can expose election results to challenge and, in severe cases, judicial annulment.
What most CC&Rs say
Most governing documents require at least 10-30 days of advance notice of annual meetings, including a candidate list and candidate statements. Proxy voting — authorizing another person to vote in one's place — is commonly permitted but may be restricted to general or directed proxies. Secret ballots are required for board elections in many states. Cumulative voting (concentrating all votes on a single candidate) is permitted in some documents and prohibited in others. Director eligibility requirements typically bar delinquent homeowners and, in some documents, owners with outstanding violations. Election results may be challenged by petition within a stated window, often 30-60 days from certification.
Every HOA's governing documents differ. The patterns above reflect common drafting conventions — your CC&Rs may be more or less restrictive.
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