Elections play a vital role in maintaining a well-governed condominium, homeowner (HOA), and townhome community associations. These elections, which typically involve choosing board members or voting on significant issues, can vary in type from annual board member elections to special elections called to address urgent matters (ex. filing a board vacancy). Understanding the nuances of the election process and the challenges that may arise is crucial for board members and property managers to ensure transparency, fairness, and adherence to the association’s governing documents and legal requirements.

Below are six factors to navigate the election process effectively, address potential disputes, and maintain the trust of association members.

 

1. Legal Requirements

It’s important to understand and adhere to the community association’s governing documents and relevant laws that dictate the nomination procedures, candidate eligibility, and election timelines. Board members should be aware of these procedures to ensure compliance and avoid challenges to the validity of the election.

Proper notice to homeowners about upcoming elections is critical. This includes deadlines for sending out notices, the contents of the notice (ex. date, time, location, and how the election will be conducted), and any requirements for proxies or absentee ballots if applicable.

 

2. Nomination Process

Nomination procedures should clearly outline the eligibility criteria for board members. For example, many community associations have specific rules that candidates must meet, such as not being delinquent on their assessments. This ensures that individuals running for the board are in good financial standing and demonstrates their commitment to the association.

In some cases, associations have rules stating that only one unit owner per household is eligible to serve on the board at a time. For example, a couple who co-own a unit cannot be active board members simultaneously, which helps prevent conflicts of interest and ensures balanced association governance.

Associations should communicate these eligibility requirements in advance to potential board candidates to avoid disputes or confusion during the nomination phase. Transparency about qualifications helps maintain trust, encourages qualified candidates to participate in the election process, and ensures that all eligible candidates are given a fair opportunity to run for the board.

 

3. Election Monitoring and Integrity

Community association board elections require an impartial election committee or the use of a third-party to maintain the integrity of the process. Board members should be aware of common pitfalls such as vote tampering allegations, unfair campaigning practices, or conflicts of interest.

 

4. Handling Election Disputes

Disputes can arise for various reasons, so it’s essential to have a clear, documented election process to address these concerns promptly and fairly. Common disputes include

  • Challenges to candidate eligibility
  • Allegations of voting irregularities (ex. ballots were not counted correctly, the vote tally was inaccurate)
  • Proxy voting concerns (ex. whether proxies were submitted correctly, signed by eligible members, if proxies were influenced improperly)
  • Accusations of bias or conflict of interest (ex. Candidates with personal, financial business ties)

 

5. Community Association Elections and Technology

Electronic voting is becoming an increasingly popular alternative to traditional manual voting in community association elections. It offers convenience and accessibility, allowing members to cast their votes remotely, which can increase homeowner participation.

Board members should be aware that adopting electronic voting requires careful planning to ensure security, compliance with relevant laws, and alignment with the association’s governing documents. Several issues that must be addressed include:

  • Verification: Outline procedures for authenticating voter identity to prevent fraudulent votes that include methods for authenticating eligible voters, unique logins, etc. to maintain the integrity of the election process.
  • Security: Detail measures to ensure that the electronic voting system is secure and protects the confidentiality of association voters including data encryption, secure access protocols, and measures to prevent unauthorized access or tampering with the election results.
  • Recordkeeping: Address how voting records will be maintained, how long records are retained, who has access to them, and the procedures for handling any election disputes or recounts.

Proper implementation includes choosing a reliable and secure electronic voting platform, providing clear instructions to members, and verifying the accuracy of results.

 

6. Role of the Association’s Attorney

The association’s attorney plays a crucial role in ensuring that the election process adheres to both the governing documents (ex. declaration, bylaws) and applicable laws. Their involvement helps safeguard against legal challenges and provides guidance to board members and property managers on complex procedural issues. The attorney may:

  • Review election notices
  • Address proxy voting eligibility
  • Oversee the creation and application of nomination
  • Draft and revise election procedures, including electronic voting polices
  • Advise on issues related to candidate eligibility
  • Review contracts and agreements with electronic voting vendors

In cases of disputes or potential election irregularities, the association’s attorney acts as a resource to ensure that the board’s actions are legally defensible and in compliance with all relevant regulations. By proactively engaging the association’s attorney, boards can maintain the integrity and legality of the election process, minimizing disputes, and promoting trust within the community.

 

Legal Resource

These considerations can help guide board members, property managers, and community leaders through the complexities of association elections, laying a strong foundation for a fair and transparent process.

Questions about elections in your community association, nomination procedures, electronic voting, or other legal issues? Do not hesitate to call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2025 Kovitz Shifrin Nesbit, A Professional Corporation.