HOA board meetings and elections: how owners can take part

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How HOA boards are elected, what happens at meetings, how to get on the agenda, and how to run for the board, with pointers to state rules.

The board of directors makes most decisions in an HOA: the budget, contracts, rules, and enforcement. Owners elect the board and, in most states, have a right to attend its meetings. Taking part is the most effective way to influence your community.

How the board is chosen

The bylaws set the number of directors, their terms, and how elections work. Directors are usually owners who volunteer. Elections typically happen at the annual meeting or by mailed or electronic ballot. State laws often add requirements for notice, ballots, and vote counting, and some, like California's Davis-Stirling Act, regulate election procedures in detail. Check your bylaws and your state's statute.

Open meetings

Many states require board meetings to be open to owners, with advance notice and a chance for owners to speak, while allowing closed (executive) sessions for sensitive topics such as legal advice, personnel, delinquencies, and disciplinary hearings. The details, including how much notice and where it's posted, come from state law and the bylaws. California's § 5855, for example, lets an owner facing discipline ask that the hearing be held in executive session.

Getting the most out of a meeting

  • Read the agenda and any posted materials in advance.
  • Use the owner comment period. Keep comments short and specific.
  • Put requests in writing before the meeting if you want an item considered. Ask the board or manager how to get something on the agenda.
  • Read the minutes afterward. They're the official record, and owners can usually get them through a records request.

Running for the board

If you're frustrated with how things are run, the most direct remedy is to serve. Read the bylaws for eligibility and nomination deadlines. Before you run, read the budget, reserve study, and recent minutes, and understand that directors owe duties to the association as a whole. Many community association groups and state offices offer training for new directors.

Committees

Architectural review, landscaping, finance, and social committees are good ways to get involved without joining the board. Committees usually advise the board, though some have decision-making power under the governing documents.

Removing directors

Most bylaws and state laws allow owners to remove directors by a vote, often with a petition and special meeting. The process is technical, so follow the bylaws and statute exactly, or ask a lawyer.

When meetings get heated

Most boards are volunteers doing their best. Focus on issues rather than people, bring facts, and propose solutions. If you believe the board is breaking the law or the governing documents, document it and see resolving HOA disputes.

Sources

  1. California Civil Code § 4000 and following (Davis-Stirling Act)
  2. Florida Statutes chapter 720
  3. Texas Property Code chapter 209
  4. Virginia Property Owners' Association Act