What percentage of the HOA is required for elections to be valid?
Hi again,
Is there a minimum of the HOA required for elections? Is there a minimum quorum?
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John
An election held by the association is decided by whomever gets the most votes there is no minimum number of votes required as long as a quorum was present either in person or via absentee ballot. The is no minimum quorum specified in law but it will be specified on a community by community basis in the governing documents of that community.
Dennis
Hi Dennis:
My HOA sent out ballots for electing 2 officers. The voting took place via mail.
No results were given and two days ago, the board decided to go ahead and void that election and appoint themselves as new board members even though they are the exact same ones as before.
Is this ethical? It’s self-dealing. Any way to seek relief here?
Board President resigned two weeks ago, but was reinstated the same time as above when board basically reinstated themselves.
Where can I go to seek help?
Thx. John S.
John,
If what you claim is true, the board had absolutely no authority to do that. Elections are elections and only the members can elect board members. While boards have the authority to appoint board members to fill vacancies for the unexpired terms, they cannot on their own elect a board member under Arizona Law. You have the right to request to see all the ballots submitted and the association must provide them to you. The association is also required to retain all the ballots and any related material for one year after the election. Make those records request and gather all the facts of what happened. Make sure you understand all the details of your Bylaws and governing documents relative to board elections. If you believe that you have a good case against your board and can prove that they violated the law or your governing documents then file a petition with the AZ Dept of Real Estate against the HOA. If the association wished to void the election for any legitimate reason their only option was to call for another election to be held.
Dennis