Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding a few HOA election questions you may be having, including. . .
WHEN A CANDIDATE WITHDRAWS FROM ELECTION
QUESTION: If a candidate is on the ballot and then withdraws during the election, can he decide to return once he finds out he received enough votes to win? –Jan G.
ANSWER: No, he can’t. There are two reasons why the x-candidate cannot claim the seat. First, once he withdrew from the race, members may have shifted their votes, especially when there is cumulative voting. It can skew election results impacting other candidates and lead to an election challenge.
Second, once the votes were tallied, the Inspector of Elections would have invalidated the x-candidate’s votes and announced the election of other candidates to the open seats. Your x-candidate cannot change his mind after the election is over and decide he wants back in. He will need to wait for next year’s election.
WHAT IF THERE ARE NO BOARD CANDIDATES
QUESTION: Since boards are now allowed to declare elections by acclamation (if the number of nominations received is equal to or less then the number of vacancies open), what if there are no candidates? I assume the board would need to appoint a director. –Steve C.
ANSWER: To declare election winners you need candidates. If no one is willing to step up, there is no one to elect. In that case, the current directors remain in office until the next election. In some associations, this might go on for years where members are content to let the existing directors continue managing the association. As provided for in Corporations Code § 7220(b):
Except as otherwise provided in the articles or bylaws, each director, including a director elected to fill a vacancy, shall hold office until the expiration of the term for which elected and until a successor has been elected…
If there are no candidates in the election causing existing directors to carry over, and a director decides to vacate his/her seat, the remaining directors will need to seek out and convince another member to fill the seat. If there are staggered terms, boards will sometimes lose track of which seats are up for election. When that occurs, the board will need to decide among themselves who will stand for election each year.
Even though apathy is a problem for many associations, it is sometimes the result of good management by directors. Homeowners are content to let existing directors continue in office if they believe they are doing a good job. When that occurs, existing directors struggle to convince others to give time to serving on the board.
DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel. You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.
