When an HOA board refuses an election, homeowners are left confused and frustrated. There are reasons why an association might refuse to hold an election or accept election results, but homeowners can take steps to resolve these issues.
Why an HOA Board Refuses an Election?
In most states, the law requires HOAs and condo associations to hold elections regularly. Texas is one such state. Section 209.00593 of the Texas Property Code requires annual elections if the board positions are set to expire.
Condo associations operate under the exact statutory requirements. According to Section 82.103 of the Texas Uniform Condominium Act, board members must be elected at meetings of the association. Section 82.106 also requires that the bylaws provide for board elections.
Even with these laws in place, some boards still fail to hold elections. Below are the most common reasons why an HOA board refuses election.
1. Fear of Losing Control
Some board members delay or cancel elections to maintain their positions. They fear that the new candidates will challenge their authority or undo their policies. A board that has held power for years may want to protect its influence. Due to this fear of losing control, some boards may resort to questionable tactics, such as avoiding elections altogether.
2. Lack of Volunteers
Boards may claim elections are unnecessary because no one volunteers to run. Smaller communities, in particular, often struggle to recruit members willing to serve. Still, the law does not excuse boards from holding elections.
Even if there is only one candidate, the election process must still take place. Without elections, homeowners lose their right to choose the leaders of their community. Instead of forgoing elections altogether, the board should focus on finding willing volunteers.
3. Neglect or Ignorance
Some boards drop the ball out of neglect or ignorance. They forget deadlines, fail to prepare ballots, or miss the required notices. This type of negligence may not be intentional, but it is still a violation of the law.
The best way to avoid this is to provide proper training for board members. It is also a good idea to hire an HOA management company that can help schedule and manage elections fairly and transparently.
4. Financial Concerns
Running an election can be quite expensive. Boards might avoid the process to reduce expenses like printing ballots, mailing notices, or hiring inspectors. They might argue that the association can use these funds for more urgent matters, such as maintenance and repairs.
While elections do cost money, they remain an integral part of an association’s operations. Elections ensure democracy, and avoiding them for the sake of saving a few bucks can give rise to legal issues later on.
5. Misinterpretation of the Governing Documents
Some boards misunderstand their governing documents and believe that elections are optional. They may think that terms automatically renew or that they can appoint new directors. Yet, most state laws make it clear that elections are required, Texas included, and state laws always trump the bylaws.
6. Internal Conflict Among Board Members
Disagreements within the board can lead to poor decision-making. If members can’t agree on procedures, dates, or candidates, they may opt to avoid scheduling elections altogether. When board members reach an impasse, it can stall business decisions and operations.
7. Intentional Elimination of Opponents
In some cases, boards might avoid elections to block candidates who wish to make significant reforms. This often happens in communities where homeowners want more transparency or change. By refusing elections, the current board can maintain the status quo. Of course, this is in direct violation of state laws and can lead to legal disputes along the way.
What to do When an HOA Board Refuses Election
When an HOA board refuses to hold an election, both homeowners and board members have options to resolve the issue.
For Homeowners
What can homeowners do if the HOA board refuses an election? Homeowners can:
- Review State Laws and Governing Documents. Homeowners should verify their rights under the Texas Property Code and their bylaws.
- Demand an Election in Writing. Homeowners can create a petition or write a formal letter to force the association board to hold an election. Texas Property Code Section 209.00593 allows explicitly members to request elections when boards fail to schedule them.
- File a Complaint. If the board still refuses, homeowners can escalate the issue by filing a complaint with the Texas Attorney General’s office. Alternatively, they can contact the Texas Real Estate Commission or consult an attorney.
For Board Members
What can board members do if the HOA board refuses to hold an election? Board members can:
- Encourage Compliance. Honest board members can remind their fellow directors that elections are legally required.
- Request a Special Meeting. If the president or majority resists, other board members can request a meeting specifically to set an election date.
- Document Everything. Keeping records of emails, minutes, and objections is critical. This documentation can protect honest board members if legal action arises.
- Resign if Necessary. If their fellow directors still refuse to comply, board members can choose to resign. This not only protects their individual reputations, but it can also signal to the rest of the community that something is wrong.
HOA Board Does Not Accept Election Results
Sometimes, the problem is not holding an election but refusing to accept the outcome. Boards may challenge results for several reasons, some of them valid while others are not.
- Alleged Voting Irregularities. The board may claim ballots were mishandled or that procedures were not followed. This might include missing envelopes, unsigned proxies, or late submissions.
- Disqualification of Candidates. Boards can sometimes argue that winning candidates are ineligible. Common reasons include unpaid dues, failure to meet residency requirements, or conflicts of interest.
- Disputes Over Proxies. Proxies are common in HOA elections. Boards may challenge their validity, claiming they were not appropriately signed or did not meet deadlines.
- Claims of Fraud or Misconduct. A board may allege that some homeowners manipulated the process, such as submitting fake ballots.
- Reluctance to Surrender Control. Just as with refusing to hold elections, some boards don’t want to leave their position of power.
Although these claims can be valid and based on evidence, some boards use them as a shield. It is important to separate fake claims from those with a basis to identify whether or not a board has cause to reject election results.
Solutions for When an HOA Board Doesn’t Accept Election Results
When an association board refuses to accept the results of an election, homeowners are not entirely powerless. Here are the steps homeowners and compliant board members can take to resolve this issue.
1. Request a Recount or Audit
Transparency often resolves disputes over election results. An independent inspector of elections can review the ballots and confirm their accuracy. This will remove any doubt and can reassure community residents of the outcome.
2. Refer to Governing Documents
Most governing documents, specifically the bylaws, describe the procedures for handling disputes. Homeowners should demand that the board follow those rules. If the association fails to comply, homeowners will have a stronger legal case against the HOA.
3. Seek Mediation or Arbitration
Many associations include provisions for alternative dispute resolution. Both mediation and arbitration rely on a neutral third party to resolve the dispute, preventing lengthy and costly lawsuits. Arbitration, in particular, is legally binding.
4. Call a Special Meeting
If the board refuses to acknowledge the election results, members can demand another meeting to finalize them. State laws and the governing documents should indicate what voting percentage is required to call a special meeting. That said, it typically falls between 10 and 20 percent of the membership.
5. Take Legal Action
As a last resort, homeowners can take the matter to court. Judges can compel the board to certify results, recognize new directors, or order a new election. It is worth noting that legal action can be time-consuming and expensive, but it is sometimes the only option left.
Can the HOA Board Override Election Results?
No, an HOA board cannot legally override valid election results. Once ballots are cast and counted according to bylaws and statutes, the outcome is binding.
Fair Elections for HOAs
When an HOA board refuses an election, it can jeopardize the rights of homeowners and even damage community trust. Worse yet, it is in direct violation of Texas law. Board members must ensure fair and smooth elections, held at the correct time and interval.
Graham Management offers exceptional HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more.
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