An HOA election committee can be helpful to associations, especially larger ones. This committee can assist the HOA board in facilitating the annual elections, from soliciting and evaluating candidates to counting votes and announcing the results. Yet, there are crucial guidelines that this committee must follow.
What is an HOA Election Committee?
An HOA election committee is a committee that oversees the nomination and election process in a homeowners association or condo community. Also known as an HOA nomination committee, this committee consists of volunteer members whose job it is to ensure fair and transparent elections by adhering to state laws and the governing documents.
Nominating committees typically propose a slate of candidates for the board elections. That said, this committee doesn’t have the final say over this slate. Approval from the membership in the form of votes is still necessary.
What Does the HOA Election Committee Do?
The election committee holds several responsibilities, including developing election procedures, identifying and evaluating candidates, preparing and distributing ballots, supervising the voting process and count, and announcing the election results. Let’s break these down below.
1. Develop Election Procedures
The HOA election committee is responsible for developing election procedures, if they do not already exist.
Most associations have established guidelines and requirements outlined in their governing documents. The committee must ensure this process is transparent and fair.
Timelines are crucial during the board elections. The committee must create this timeline, which dictates when nominations should be finalized and voting should take place. With clear and transparent election procedures, the committee can make sure that the elections go smoothly.
2. Identify and Evaluate Candidates for Election
The committee is responsible for identifying potential candidates and recommending them. Of course, that doesn’t mean that this committee is the only entity that can nominate candidates. Depending on state laws and the HOA’s bylaws, homeowners can nominate candidates as well. Many even allow self-nominations.
Once there’s a list of nominated candidates, the election committee will then evaluate them. Evaluations take place to ensure that candidates are qualified for positions on the board. Eligibility requirements are typically outlined in state laws and the association’s governing documents.
3. Managing Ballots
After finalizing the list of candidates, the election committee moves on to ballot preparation. The voting method/s will dictate how the committee must prepare the ballots. More often than not, associations use physical ballots that homeowners can mail in or submit in person.
The ballots should include the names of all qualified candidates. Furthermore, the ballots should consist of clear directions on how homeowners can cast and submit their ballots after voting. There should also be a clear deadline.
The HOA election committee must distribute the ballots early. This ensures that homeowners have enough time to learn about the candidates, cast their votes, and submit the ballots before the election closes.
4. Handling the Voting Process
If voting will take place at the annual meeting, the HOA election committee must be there to oversee the voting process. Some associations set up voting stations where homeowners can cast their votes privately.
Committee members can be stationed in different areas to verify voter eligibility, assist with voter questions, and ensure ballots are dropped in the right boxes.
Once voting closes, the committee will then count the votes. In some communities, an Inspector of Elections will step in to count the votes as a third-party neutral. Without an Inspector of Elections, this responsibility falls to the committee, but it must ensure transparency and accuracy.
5. Announcing the Results
After counting the votes, the HOA election committee must tabulate the results. It must then announce the results to the homeowners. The HOA board will sometimes take on the announcement after receiving a report from the committee.
The committee must certify the election results and document any irregularities, disputes, or problems found during the count. A clear and transparent report helps build trust in the process and assures members that the results are accurate.
How are HOA Board Members Elected?
State laws and the association’s governing documents should dictate the permissible nomination methods. That said, there are a few ways candidates can get nominated for election:
- Self-Nomination. Homeowners can nominate themselves as candidates in the election.
- Floor Nomination. Homeowners can nominate candidates at a designated time during the meeting.
- Write-In Nomination. Homeowners can write the name of the candidate they support, even if said candidate’s name is not on the ballot.
- Nominating Committee. The committee reviews interested candidates and proposes a recommended slate. Even with an approved slate, the committee can’t block other eligible homeowners from running.
The election committee is responsible for overseeing the HOA board nomination process. To understand which nomination methods are allowed, the committee must review state laws and the association’s bylaws.
HOA Nominating Committee Guidelines
The nominating committee guidelines should appear in the association’s governing documents. Some states have laws that regulate these committees, but most defer to the HOA’s bylaws.
Are HOA Nominating Committees Required?
It depends on state laws and the governing documents. Many states view nominating committees as outdated or obsolete, preferring self-nominations instead.
One such state is California. Under Civil Code Section 5105, associations can’t block homeowners from nominating themselves, essentially rendering nominating committees moot.
That said, an election committee can still hold other responsibilities apart from overseeing nominations. This committee can prepare and distribute ballots, supervise voting, and ensure fair and transparent proceedings.
When the Committee is Formed
The HOA election committee typically forms ahead of a board election. Since elections usually take place at the annual meeting, the committee must assemble well in advance, giving it time to prepare everything. As with many things, state laws and the association’s bylaws should dictate the timeline for establishing this committee.
Who Can Join the Committee?
Committee members can include both board and non-board members. That means any homeowner can join the committee. Of course, most communities have set qualifications for committee members.
These qualifications can vary from one association to another, but they typically require members to be in good standing. Good standing equates to no outstanding violations or unpaid dues. That said, it is best to check state laws and the governing documents to understand what qualifications are permitted and in effect.
Additionally, impartiality is a valued trait for HOA election committee members. These members must view and act with objectivity. Because of this, some associations prevent members with conflicts of interest from joining this committee.
A good example of this is when a candidate is a relative or household member. Candidates who are running for election are also typically barred from joining the committee.
Joining a committee is a great way to participate in community affairs without a big commitment. It can serve as a stepping stone for homeowners who are interested in future leadership and governance.
A Helping Hand
Many self-managed boards struggle to oversee the election process independently, particularly in larger communities. An HOA election committee can significantly ease the board’s burden. Still, election committees must adhere to state laws and the association’s bylaws.
Graham Management offers exceptional HOA management services, including help with elections, to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more.
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