Board Members Term Limits and ballots
What is the legal (lawful) term limit for a newly elected HOA board member for a condominium community? I know they can be voted back in, but more so on how long they can serve before having to be voted back in.
When election season is upon an HOA can a member submit their ballot to run in person?
Thank you
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Bryce,
There are no term limits for board members unless your specific governing documents dictate those term limits. If anyone has concerns about term limit they have to remember that they have the ultimate power over who is elected to the board buy the use of their vote and by organizing other homeowners in the community to do the same. Get involved and be part of the solution for your community. If you have concerns, most probably anyone else in the community with their eyes open and objective can see the same issues and concerns. Organize and work for change in the leadership.
Dennis
Dennis,
In an ideal world, I would agree with your position about term limits. However, practically in my opinion, there needs to be reasonable term limits imposed on HOA’s in order to protect apathetic owners from Board members who have no interest in the collective good of all owners. In the majority of HOA’s, it is only a paucity of owners who know or are interested in the policy positions of Board members or the financial condition of their HOA. For the majority of owners, as long as monthly dues stay low and what they can superficially observe in the common areas looks fine, they are happy. This is compounded by landlord owners who while being an equal voting member in an HOA as an owner who attends every Board meeting, historically are less engaged and care primarily about receiving a steady rent check. The aforementioned examples are generally not interested in voting in Board elections and most likely do not not care about an underfunded reserve, lack of reserve maintenance, how certain Board members treat owners, etc.. This can go on for more than 10 years before the financial and policy effects are manifested and apathetic owners are wondering why they are being asked to approve a 5 or 6 figure special assessment. So yes, term limits protect disinterested owners from unscrupulous Board members who keep getting elected by a numerical minority of owners year after year, since election turnout for Board elections are generally low. All an unethical or incompetent Board member needs in a disengaged HOA is a good personality with a small number of people that may not have critical thinking skills to keep getting re-elected for over a decade.
In my opinion, it is not unreasonable to have an 8-10- year term limit for HOA Board members. In fact, several states in the United States have term limits for their legislators, including Arizona. After a period of time (usually after 2 years, they are allowed to run again). This seems like a smart, logical approach that provides some checks and balances both in HOAs and at the state government level.
Nick,
You are absolutely entitled to your position on this issue, but I will state unequivocally that I will never present or support legislation that dictates term limits across the state based on homeowners that are so indifferent that they cannot bother to vote to elect board members that will work to preserve and protect the community and the homeowners. If you are too lazy to take an interest in your own community, why should the state step in and demand that good board members cannot run again because some board members are entrenched in an apathetic community. That may work in California or Washington but not in Arizona. I and my coalition work to protect your rights and to enable and empower you all of you to balance the power in your community by engagement and involvement so that you can solve your own problem without excessive state regulation.
It is my firm belief that government has never fixed anything. If you seek legislation that allows government to dictate what is good for your own community, you are free to attempt to solicit any legislator to try and do that, but I will be there every step of the way in opposition to that legislation. We may need state policy legislation to protect your fundamental right to vote or run for office, or your fundamental property rights or constitutional rights. But mandating term limits becasue people don’t care enough to vote simply will not happen.
Dennis